المسؤولية الجزائية للمصرفي في القانون الجزائري

Abstract

Though the penal liability of a banker appears at first glance to be a restriction of the freedom and a hanging sword of Damocles to repei the spirit of initiative in this area il is a guarantee for the bank partner and of the state authority in this critical sector The 'raison d'etre' of the hanker penal liability is to reduce the abuses that affect the banking profession and is aimed at the dishonest bankers because trade finance is laden with allurements. On the other hand, penal liability of the banker is against those who exploit the advantages provided by this activity, tools, techniques and advanced methods. let alone money deals - depositors' money - as well as assumed confidence in the banker and the banking transactions. We have tried to shed light on the penal responsibility of a bank to open up debate about criminalization of banking and the need to keep pace with modern technology and the crimes which it engenders. However, we are not in favour of the path followed by the Algerian legislator who hardened punishment, because of its effects on our economy as it might paralyze the spirit of initiative and decision-making on the part of the banker, especially we take into consideration the risks of the banking profession. In order to find a balanced formula between the risks of the banking profession and the need for criminalization of abuse carried out by professionals, we must use a new variable in this equation by considering the crimes associated with the banking profession on the grounds that there are irregularities associated with obligations, the responsibility of which falls on the professional banker. It would be better if this criminalization encompasses the various obligations of banking as did the legislator for money laundering, bearing in mind the need for the development of criminalization by developing the banking mechanisms proper to this srca fudvanced techniques of money transfer - computerisation - mistakes between the letter ind the number by screening a crime). Although the practical applications of penal responsibility of the bank in the Algerian dietary is almost non-existent - except for qualitication on the basis of common crimeshut ve note the abundance and complexity of the legal texts. inally, we can say that the submission of the banker to penal responsibility is considered as a uarantee for the customers and an incentive to pursue dealing with him. This would entail conomic beretits for the state and would promote the activities of banks.