The Independent Commission for Human Rights
of states, save France. The laws of Switzerland, Algeria, Jordan, Syria and those
which are in effect in Palestine all criminalize the act of incest. Furthermore, the
laws of Switzerland, Syria, Jordan, and that which is in effect in the West Bank
emphasize that both parties to the crime of incest are criminals and shall be equally
punished because they have the will and consent to commit that crime. However,
in Mandate Law, which is in effect in the Gaza Strip, the act of incest is considered
to be a crime committed by an offender against a victim.
2. With regard to identification of the concept of incest, the laws of Switzerland and
Jordan consider incest as adultery between persons of blood relationships. Those
laws of Jordan which are in effect in the West Bank, as well as those in Syria, have
no identification of the concept of incest, but instead recall component elements
of it, whereas Algerian law considers incest to be a sexual relationship between
persons of blood relationship. The Mandate Law which is in effect in the Gaza
Strip considers incest as illegitimate sexual intercourse committed by a man with
an unmarried girl of his descendants or his wife’s descendants or under his trust.
3. With regard to the act of incest which necessitates criminalization, Swiss law
emphasizes that in order for it to be considered as such, incest consists of an
act committed between adult ancestors and descendants or brothers and sisters
or siblings of half blood. Algerian law considers incest as an illegitimate sexual
relationship between father or mother with daughter in law or son in law, or the
widow of a son or widower of a daughter, and between stepfather or stepmother
with step daughter or step son or any of the descendants of the other spouse. Both
Syrian law, West Bank Jordanian law, and Gaza’s Mandate Law added to the act of
incest between persons of blood relationship the illegitimate sexual act by persons
with legal or actual authority (trust), as such a relationship results in control and
domination similar to the control and domination which derive from the blood
relationship.
4. With regard to the penalty of the crime of incest, the law of Switzerland considers
incest a felony crime punishable by imprisonment. However, the law of Algeria
listed three types of penalties, depending on the degree of blood relationship
between the perpetrators and their age:
- Criminal penalty for a criminal act, punishable by 10-20 years in prison.
This type of penalty applies to incest between ancestors and descendants
and between brothers and sisters.
- Criminal penalty for a misdemeanor act, punishable by 5-10 years in
prison. It applies to a misdemeanor of incest between a person and his
niece or nephew or any of his descendants, or between mother in law
or father-in-law and son in law or daughter in law or a widow of the
son or widower of the daughter or any of their descendants or stepson,
stepdaughter or stepfather and stepmother or any of the descendants of
either spouse.
- Misdemeanor penalty for a misdemeanor crime, punishable by 2-5 years
in prison. It applies to a misdemeanor of incest between two parties when
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