المسؤولية الجزائية لمسيري الشركات التجارية الخاصة

Abstract

The development of trade and economic life and the human desire to achieve more profits led to the emergence of different corporations, such as partnerships, capital companies and joint ventures. A company goes through three stages, the foundation, the management and the dissolution. It is led by natural persons, who are responsible for the administration and management of its business, who may make mistakes and crimes that are referred to as: white-collar crimes. And to counter this, a new section of the law has emerged, known as the criminal code of companies, with which another responsibility appeared, the criminal responsibility of those in charge of the company, such as partners,managers and directors, also known by the term criminal responsibility of the manager, which was the subject of our current research. During the study of the criminal responsibility of the manager, we found that there were concepts and exceptions in the rule which coincided with the emergence of the criminal responsibility of the Manager. And among these exceptions, there is the vicarious criminal responsibility, which is mostly relied to personal acts on the basis of personal faults, and is considered absent by the absence of the fault, or the presence of obstructions of the criminal responsibility in accordance with the general rule. In addition, we also note that even the absence of criminal responsibility has exceptions other than those provided by the general rule. It comes to the delegation of jurisdiction for all or part of the responsibilities of the offender or the transgressor in accordance with the defined conditions. Moreover, the criminal liability of the corporation has been approved, and criminal penalties have been established that are consistent with its nature, such as fines, confiscation and even closure. Algerian legislation, like the rest of legislations, has dealt with the criminal liability of the Manager and commercial companies in general, however, this exposure was in the provisions of the Commercial Code, and it has not been established a law for these provisions, as did the French legislation for example, which created a law on commercial companies. In our opinion, the Algerian law, regarding commercial companies and the criminal responsibility of those companies and those in charge, still suffers from a great lack, whether in theory or in practice, which helped the spread of crime in the notion of the criminal code of business. This is why we ask for the revision of laws on commercial companies and the establishment of sufficiently dissuasive sanctions to reduce such criminality.