مجلة العلوم القانونية والاجتماعية
Volume 9, Numéro 2, Pages 194-210
2024-06-01
Scope Of The State Responsibility For Compensation Of Victims Of Crimes A Study In The Algerian Legislation
Authors : Sedrati Nabila .
Abstract
If the victims of crimes have the right to seek compensation for the damage inflicted on them as a result of the crime, the principle is that the perpetrator is responsible for redressing the damage caused to the victim, but in cases where the victim may not be able to obtain the compensation due, as a result of the perpetrator's delay in payment or being insolvent or unknown, from this perspective, our study aims to investigate the emergence and extent of the state's obligation to compensate victims of crimes. The idea of the state's obligation to compensate has found its place in ancient laws, and Islamic law was the first to organize and apply the rules of the state's obligation to compensate victims of crime, and two basic jurisprudential theories were evident in determining the state's obligation to compensate crime victims, namely the legal basis and the social basis. After investigating the Algerian positive legislation, it was found that it recognizes the social basis for compensating victims, through the establishment of a set of funds to compensate some victims of crimes and accidents
Keywords
Crime; damages; compensation; state.
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