خصوصية الجزاء الزجري للجريمة الاستهلاكية في مرحلة تكوين العقد

الملخص EN

The functional role that the injunction plays in consumer crimes related to the stage of contract formation has a distinct dimension, so that the injunctive penalty was distinguished in this study by its complementary nature with the civil penalty in order to achieve the supposed balance in the contractual relationship.

Accordingly, we have recorded, through the first axis of this study, the following: - The interference of injunctions in consumer behavior is an urgent necessity to achieve the objectives of the general protectionist economic order, as it represents the protection that the legislator reassures when he assesses the insufficiency of the protection prescribed for the consumer in other laws, especially the law.

Civil.

As for the second part of the study, we have noted that the penalty at this stage remains short of achieving what is hoped for, whether it is related to a meager fine as well as the penalty for depriving the freedom employed modestly in the consumption law.

In addition, the legislator has given the criminal judge the right to choose between the most beneficial punishment, and this means that the judge can rely on the judgment with small fines that do not fulfill the expectations of the philosophy of criminalization and punishment, and this does not serve the interest of the consumer nor is it consistent with his desired legal and judicial security.

deterrent nature of beating at the hands of abandoned professionals, as well as the complementary role with civil punishment in the pursuit of the creation of the stage of forming a consumer contract.