Algeria: Abortion Law

 

Abortion is permitted to preserve physical and mental health.

Algeria - Penal Code - Chapter II: Crimes and offenses against the family and good morals

 

In Arabic see http://srhr.org/abortion-policies/documents/countries/01-Algeria-Penal-Code-2015.pdf

 

Section I: Abortion



Art. 304

Anyone who, by means of food, beverages, medicines, labor, violence or any other means, has procured or attempted to procure the abortion of a pregnant woman, whether she has consented to it or not, shall be punished with Imprisonment for one (1) to five (5) years and a fine of five hundred (500) to ten thousand (10,000) DA.

If death has resulted, the punishment is imprisonment from ten (10) to twenty (20) years.

In any case, the offender may also be forbidden to stay in the country.


Art. 305

If it is established that the offender was habitually involved in the acts referred to in article 304, the imprisonment shall be doubled in the case provided for in the first paragraph, and the punishment of imprisonment shall be increased to the maximum of its duration.


Art. 306

Doctors, midwives, dental surgeons, pharmacists, as well as medical or dental students, students or pharmacy employees, herbalists, bandagists, surgical instrument dealers, nurses, masseurs, masseuses, who have indicated, favored or practiced the means of procuring abortion shall, as the case may be, be punished with the penalties provided for in Articles 304 and 305.

The prohibition to practice the profession provided for in Article 23 may be imposed on guilty persons who may also be prohibited from stying in the country.


Art. 307 (Amended)

A person who contravenes the prohibition of his profession under the last paragraph of section 306 shall be punished by imprisonment for not less than six (6) months and two (2) years and to a fine of one thousand (1,000) to ten thousand (10,000) DA. The offender may, moreover, be forbidden to remain in the country.


Art. 307

Abortion is not punished when it is an indispensable measure to save the mother from danger and is openly practiced by a doctor or surgeon after he has given an opinion to the administrative authority.


Art. 309

The woman who intentionally aborted or attempted to or who has consented to make use of the means indicated to or administered for that purpose shall be punished by imprisonment of six (6) months to two (2) years and a fine of two hundred and fifty (250) to one thousand (1,000) DA.


Art. 310 (Amended)

The following is punishable by imprisonment of two (2) months to three (3) years and a fine of five hundred (500) to ten thousand (10,000) DA or one of these two penalties only:

- or by speeches made in public places or meetings;

- by sale, offering for sale or offering, whether public or not, or by displaying, displaying or in public places, or by distribution at home, tape-feeding or in a closed envelope, or Mail or any distribution or transportation agent, books, writings, printed matter, advertisements, posters, drawings, pictures and emblems;

- or through the advertising of medical practices or alleged medical establishments, caused the abortion, even though the provocation was not followed. (2)


(1) Amended by Law No 82-04 of 13 February 1982 (OJ No 7, p.210).

Prepared under Ordinance No. 66-156 of 8 June 1966 as follows:

- Any person who contravenes the prohibition to practice his profession pronounced under the last paragraph of article 306 shall be punished by imprisonment of not less than six months and not more than two years and a fine of between 1,000 and 10,000 DA or one of these two penalties only.

The offender may, moreover, be forbidden to remain in the country.

(2) Amended by Law No 82-04 of 13 February 1982 (OJ No 7, p.210).

Prepared under Ordinance No. 66-156 of 8 June 1966 as follows:
Shall be punished with imprisonment of two (2) months to two (2) years and a fine of 500 to 10,000 DA or one of these two punishment only:

- by speeches made in public places or meetings;

Or through the sale, offering for sale, or offering, even non-public, or by display, display or distribution on the public or in public places, or by distribution at home, Or any distribution or transportation agent, of books, writings, printed matter, advertisements, posters, drawings, pictures and emblems;

Either through the advertising of medical practices or supposedly medical, has provoked abortion, even though the proclamation has not been followed by effect.


Art. 311

Any conviction for any of the offenses set forth in this section shall, as of right, constitute a prohibition against the exercise of any function and shall not discharge any employment in any capacity whatsoever in any clinic or delivery place and any establishment Whether publicly or privately owned, on a charge or free basis, and in any number, women in real, apparent or presumed pregnancy status.

 

Art. 312

In the case of a conviction pronounced by a foreign court and given the force of res judicata for acts constituting, according to Algerian law, one of the offenses specified in this section, the court of the convicted person's domicile, at the request of the public prosecutor, the person duly summoned, that the prohibition provided for in Article 311.

 

Art. 313

Every person who contravenes the prohibition imposed under sections 311 and 312 shall be punished by imprisonment from six (6) months to two (2) years and a fine of five hundred (500) to five thousand (5,000) DA or one of these two sentences only.