The Independent Commission for Human Rights
2. Brothers and sisters of the same spouses or siblings of half blood.
3. Uncle or aunt with niece or nephew of his sister or brother or any of their
descendents.
4. Father or mother with daughter in law or son in law or the widow of his son or
widower of her daughter or any of their descendants.
5. Father-in-law or stepfather or stepmother or any of their descendants.
6. Sister in law and brother-in-law.
Algerian law includes three types of penalties:
1. Penalty of a criminal act punishable by 10-20 years in prison (crime of incest
between ancestors and descendants and between brothers and sisters).
2. Penalty of a misdemeanor punishable by 5-10 years in prison; a misdemeanor as
incest between:
3.
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Uncle or aunt and niece or nephew or any descendants.
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Father or mother with daughter in law or son in law or the widow of his son or
widower of her daughter.
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Stepson or stepfather or stepmother or any of the descendants of the other
spouse.
Penalty of a misdemeanor punishable by 2-5 years in prison (misdemeanor of
incest involving brother-in-law or sister in law.
Under all conditions, the punishment imposed on an adult convicted of incest with a
minor, under 18 years old, should be more than any punishment imposed on the minor.
Such an act should be considered a criminal act even if one of the parties involved is
still underage because Article (337) does not refer to a certain age, which is in contrast
to crimes of indecent assault and crimes of misconduct, where the law distinguishes
between the minor victim and adult victim.
While the Syrian Penal Code, issued in Legislative Decree No. 148 on 22 June, 1949, has
not identified the concept of incest, Article 476 thereof recalled the component elements
of incest and emphasized that “incest happens between ancestors and descendants,
brothers and sisters or between siblings of half blood or relatives by marriage of their
similar degree of relationship or persons with actual or legal authority over the victim”. It
considers such act a misdemeanor punishable by (1-3) years in prison and by not less than
(2) years if committed by a person with actual or legal authority, in addition to stripping
him of the right to that authority.
The law also outlines the proceedings of pursuing this crime under Article (477), which
gives the right of pursuit in two cases:
1. Upon complaint filed by a relative of up to the fourth degree of blood tie to one of
the parties to the crime.
2. Public prosecution can commence legal action without receiving a complaint in
the event that such a crime is disclosed to a group of people where it becomes
necessary for the Public Prosecution to exercise its right to defend and maintain
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