الركن المعنوي لجرائم تسيير شركات المساهمة على ضوء المرسوم التشريعي الجزائري رقم 93-08

الملخص EN

In this paper, the application extent of general provisions for the moral element on the crimes attributed to the joint-stock company(J-SC) manager is highlighted according to the Algerian legislative decree No 93-08, containing the commercial law.

Where it focused on the research in the application extent of the general elements for criminal intention by assuming the knowledge and willingness in crimes attributed to the J-SC manager.

Since, if the general rule requires that the moral element be embodied in the criminal intention form, then the exception appears in the assuming of the moral element as a wrong.

Nevertheless, by applying the moral element components, we found that the Algerian legislator considered the criminal intention assumption as a way to face the dangers of these crimes.

Moreover, the economic nature of these latter increases their material attribute without looking into intention or wrong.

As a result, we concluded that the economic nature of J-SC management crimes does not prevent the legislator from considering the moral element as a basic element for the legal model completion of the crime.

This necessitates an explicit text whether by requiring or negation the moral element according to the economic characteristic of these crimes under penalty of the criminal responsibility ence.