Algeria is strengthening its mechanism for combating the trafficking of drugs and psychotropics and human beings. Two new laws relating to the fight against these two scourges have just been published in the Official Journal.
In addition to the aspect of prevention, the new text relating to the fight against drug trafficking provides for heavy prison sentences and heavy fines against offenders, whether they are consumers, traffickers, health personnel or public who facilitated such acts.
Law 23-05 of May 7, 2023, amending and supplementing Law No. 04-18 of December 25, 2004 relating to the prevention and repression of the use and trafficking of narcotics and psychotropic drugs, provides penalties for consumers of these substances and all those involved in their production and marketing chain.
For the offense of purchase, consumption or possession for personal use of drugs or psychotropics, the penalty provided is two months to two years in prison, in addition to a fine of 20,000 to 50,000 dinars.
The prescription of prescriptions of convenience, the falsification of prescriptions or any act aimed at obtaining psychotropic substances in pharmacies, as well as the delivery by pharmacists of psychotropic drugs without a prescription, are punishable by two to ten years in prison. and a fine of 200,000 to one million Algerian dinars.
In terms of prevention, the text provides for the development of a national strategy and details the curative and preventive measures, such as awareness raising, which will accompany the deterrent measures.
A sentence of one to three years’ imprisonment, together with a fine of 100,000 to 300,000 dinars, is also provided for those who attempt to obtain psychotropic drugs by threat, violence or aggression.
Anyone who promotes narcotics or psychotropics is punished with 5 to 10 years in prison and 500,000 to one million Algerian dinars. The penalty is increased from 10 to 20 years in prison and a fine of 1 to 2 million Algerian dinars in the event of the use of minors, people with special needs or people undergoing treatment.
For drug trafficking, i.e. the production, manufacture, sale, acquisition, possession, purchase, storage or transport of narcotics or psychotropic drugs, heavy penalties are provided: 10 to 20 years in prison and 5 million to 50 million Algerian dinars, or 20 to 30 years in prison if the perpetrator is a public official whose function may have facilitated the action.
Law on human trafficking: migrant smugglers in the sights
If these acts are committed in an organized criminal gang, the penalty provided is life imprisonment, even if there was only an attempt, without consummation of the offence.
Life imprisonment is also provided for acts of illicit cultivation of opium poppy, cocaine and the cannabis plant, knowingly.
If, however, this culture is intended for personal use, its author incurs 2 to 5 years in prison and a fine of 200,000 to 500,000 dinars.
In terms of prevention, the text provides for the development of a national strategy and details the curative and preventive measures, such as awareness raising, which will accompany the deterrent measures.
The other law published in the last issue of the Official Journal relates to the fight against human trafficking in Algeria.
The text notably covers prostitution, slavery, forced marriage, economic exploitation and any exploitation of people in vulnerable situations. Without being cited explicitly, the text concerns, among other things, the fight against networks of illegal migrant smugglers .
There too, preventive measures and actions in favor of the care of victims are planned, but also heavy penalties for the perpetrators of such acts as well as the related criminal procedure.
Article 40 provides for a sentence of 5 to 15 years in prison and a fine of 500,000 to 1.5 million dinars for any act of human trafficking, in all its forms.
If the perpetrator is the spouse, parent or guardian of the victim, or a public official, or if the victim is a child or a vulnerable person, and if there has been forgery of a passport or of a identity or use of new technologies, the penalty is increased from 10 to 20 years in prison and a fine of 1 to 2 million Da.
For acts committed by an organized criminal group, the penalty incurred is 20 to 30 years in prison and a fine of 10 to 20 million dinars, while life imprisonment is provided for in the event that the victim is subjected to torture or sexual violence.
The creation of accounts or computer programs with a view to committing this type of offense is punishable by 5 to 10 years in prison.
