The Definition of Automated Data Processing Systems in Offences Set Forth in Articles 394bis to 394bis2 of the Algerian Penal Code

Abstract

Growing concerns over the integrity of data and information in both public and private sectors have led several legal systems, including France, to strengthen the use of criminal law to combat cybercrime and protect users of information and communication technologies. In Algeria, Law No. 04-15 of 10 November 2004 introduced new offences in the Penal Code (Articles 394 bis to 394 bis 2) targeting frauds against automated data processing systems. However, the Penal Code does not define these systems. Although Law No. 09-04 of 5 August 2009 later defined the “information system,” drawing on the Convention on Cybercrime of the Council of Europe, its definition is formally limited to that specific law and does not expressly apply to the Penal Code provisions. This legislative gap creates interpretative difficulties and may undermine fundamental criminal law principles, including legality of offences, prohibition of analogy, and strict interpretation, as protected by Article 58 of the Algerian Constitution. The study therefore seeks to clarify the concept of automated data processing systems for the purposes of Articles 394 bis to 394 bis 2 by examining relevant Algerian and French legal frameworks, identifying the essential characteristics of such systems in criminal law, and determining whether they constitute part of the actus reus or merely a precondition of the offence. It concludes that Algerian criminal law should adopt a flexible and future-oriented definition capable of adapting to technological developments.