خطر قيام الركن المادي لجريمة المحاباة عند إبرام الصفقات العمومية

الملخص EN

By analyzing the material piallar of the crim of « favoritism » according to the text of Article 26 paragraph 1 of the Corruption Prevention law 06/01 which is based on tow elements : The first is to violate legislative or regulatory provisions related to principles of public procurement, and the second is arranging an unjustified privhlege for others Given , we felt a kind of ease in proving this pillar, On the other hand, we find that the Public Procurement Law is a technical law that is difficult for employees involved in the deal to deal with its provisions, especially regarding the principles of the deals, This difficulty that these intruders face in concluding public deals and the corres ponding ease pillar of the crim of favoritism, makes those interferers at risk of criminal accountability, in this study, we tried to show the penal risk surrounding those involved in concluding public procurement, through our analysis of the two elements of the material pillar of crim of favoritism.