المسؤولية الجزائية للمصرف في ظل قانون مكافحة الفساد

Abstract

Although the Algerian legislature convoys modern legislation in the field of fight against crimes of corruption, especially financial and administrative one, and by the issuance of a large arsenal of legal texts which resulted in the delivery of the law of 20 February 2006 on the prevention and fight against corruption, but the results of these reforms have not been successful so far. Although the Algerian legislature recognizes the responsibility of the criminal bank acts committed by its organs and its legal representatives, it has not specified dissuasive sanctions and penalties prosecution as he did with the individuals, too, by implementing jurisdiction in view litigation which are contained in the law of money and credit and the fight against corruption in the ordinary courts, has ruled out the presence of a competent court ruling on this kind of litigation as the economic courts in other countries. Even though the Algerian legislature decided several penalties on crimes committed by the bank, but the reality has proven inability and failure to fight against the phenomenon of corruption that has continued to grow day by day in two Algerian financial and banking systems due to the lack of deterrence necessary to stop these crimes. This requires a comprehensive review of the legal system on one hand, and the collection and unification of these texts in a single codification in another hand, to serve the supreme national interest of the country.