الخطر الجزائي في الصفقات العمومية

Abstract

Public contracts are one of the most important tools to pay public money, and that's why it's a cocoon of corruption, and the legislator mus t be careful and when an administration must reglementate the order public to satisfy the need, it will be subject of control by a representant of administration who fearsome irregularities in penal control, and we will face two contradictionnal interests the general interest and particular this penal risk can be a solution for restabilisation between public interest and the representant of administration, the judge is principally the actif administration in this balance but in the nature of his function sphere and competence , the proportion of the administration will be behind the general financial et economical interest , also that the complexity will be in the technical consideration it will stop to realise that balance needed, then it can be compensed by the penal judge , who by nature of his function will play the role of balance, in the law 01-06 of presentation and anti corruption, but the penal judge can act only when the infraction will be done and th accusation of inculpation will responsable of the penal santion, this fear of penal poursuit can brake all frauds of public domain , it will also cost a chillinness in the decision making by the responsible actof of the public thing and a break in their initiative in this state nof our reflexion the research of answers to erase penal risk still precaunised solutions to get solution in this two contradictional interests and to be helped of public domaine , in first case, competion, equality and transparence it will be clear to applicate the order public by their responsable, a professionalism which can be handle by a solid formation and integral adequat factor for erasing penal risk and controls in different steps of prders, the penal risk in public march is the only solution to get balance between two contradictional interest and other mechanisms can be studied , and construction of a competitional administratif law,and it will take time to actors for this step.