The Legislative Approach to the Crime of Bribery in the Private Sector and  Corruption

Dr. Abderrahmane  Barkaoui , Dr. Amari Nourddine

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Published: Dec 18, 2024

Keywords:

Corruption - Bribery - Criminalization - Presumed Element - Private – Public.

Dr. Abderrahmane Barkaoui , Dr. Amari Nourddine

Abstract

Corruption is an individual behaviour and a social phenomenon that requires the intervention of many sciences in order to confront this phenomenon. Therefore, the law intervenes in this area by virtue of its role in confronting this phenomenon from the preventive and deterrent side. The UN Convention against Corruption is the first to criminalize bribery in the private sector under Article 21 of the Convention, As long as Algeria has ratified this Convention, it had to adopt it in its domestic laws, The legislator has then followed suit and introduced this type of offense in Law No. 06-01, The Anti-Corruption Prevention
and Control Act contained a very special provision Given the characteristics of bribery in the private sector, Although the elements of the crime of bribery in the private sector provided for in Article 40 of the Prevention and Combating of Corruption Law do not differ from the bribery of public officials, except
as a perpetrator in the form of passive bribery.

Issue

Vol. 61 No. 12 (2024): Vol 61 No 12 (2024)

Section

Articles

This work is licensed under a Creative Commons Attribution 4.0 International License.

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