الجوانب الموضوعية لجرائم الاستثمار الصناعي : دراسة تحليلية انتقادية

الملخص EN

The essence of investment is development and change for the better, aspiration of peoples to sovereignty over their wealth, achieving economic partnership and ensuring respect for human rights.

To ensure the existence of an organization that has multiple tasks, specializations, and powers to work on achieving oversight that is independent of implementation And the processes that man follows in exploiting natural resources in order to raise the level of income for the individual or the group with the aim of achieving prosperity through sustainable development in a way that guarantees raising the real growth rate, raising the standard of living and eliminating unemployment, as it is a process that is interconnected parts, as there is a close relationship linking between industrial investment and crimes, It results in the society’s right to punish the perpetrators, i.e.

an attack on the national industry of the state that destroys the income of individuals and society.

The basic characteristics of the subjectivity of criminal law emerged in showing the objective aspects of industrial investment crimes that fall under special non-punitive laws, and transforming industrial production into a realistic reality that has a physical entity that can be attacked.

Crimes of double danger and harm, and the increase in illegal exploitation and damages to the owners of production and the misleading, and the emergence of white-collar workers in various non-traditional ways, as well as what is aimed at legal, national and economic security, And the emergence of non-traditional specific crimes led to the existence of new types of crimes involving criminal danger, which required the criminal law to address all the basic prohibitions that need to be taken into account for the course of economic life, and to work on knowing its ideas and meanings in order to keep pace with the rapid development in social life as a whole.

Industrial investment is subject to a special legal system, with the aim of assuring the obligations of industrial facilities with the requirements of industrial licenses, by defining the street for a legislative policy to exercise its specializations related to examining industrial facilities or controlling and inspecting them, the content of which is the determination of many facilitations and the unification of an administrative body authorized by the law to facilitate procedures Granting licenses for industrial establishments promulgated by Law No.

15 of 2017 and its executive regulations, and Law No.

95 of 2018 issuing the Public Authority for Industrial Development Law, as an important means for facilitating the industrial activity of the state with all its facilities.

With the different nature of industrial investment, industrial crimes have a negative impact on the industrial society.

Any attacks on industry are characterized by the destruction of the active programs adopted by the state for the development of industries.

Infringement of the areas of industrial development as one of the rights deserving of criminal protection, and it is the effect of including the legal rule with a penalty (penalty) for violating it, whether or not that violation occurred, because of its subjectivity in determining the objective aspects of these new crimes.

From the results, we found that the analysis of the legal framework available in industrial development crimes indicates insufficient coordination with regard to the industrial investment crime as an important external reference with regard to criminalization issues and substantive provisions.

Because it needs comprehensive technical support and assistance in a sustainable and long-term manner, in order to verify the commission of crime, industrial crime prevention activities require strengthening partnerships and cooperation between the public and private sectors.

Integration of strategies for industrial crime within a broader perspective of industrial security, through a holistic approach that includes increasing awareness, the difficulty of identifying the elements of crime, and there is a dispute over the existence or absence of the element of illegality on which industrialdevelopment crimes are based, due to their ramifications in more than one law, such as their overlap with environmental law.

And the Civil Protection Law and the conflict of competences between the administrative authority concerned with issuing licenses and other concerned authorities, Although there is semi-decisiveness in defining this jurisdiction, there is some procrastination by some authorities in the lack of cooperation with the competent administrative authority, which is represented in the lack of access to data and assistance in providing it from the relevant authorities.

The diversity of criminal responsibility in Law No.

15 of 2017, where The scope of liability is not limited to natural persons only, but there is criminal liability for the act of third parties and the legal person himself.

The variety of penalties in Law No.

15 of 2017 ranges between a negative penalty for freedom and a fine that falls on natural persons, and a penalty for closing the facility that is located on the industrial facility and is harmed of the person concerned.

We urge the legislator to amend the provisions of Law No.

15 of 2017 regarding the criminalization of aggression against all elements of industrial development and to expand its scope more than that to include not only the failure to obtain industrial licenses, but also anyone who violates the requirements of the industrial establishment and represents a serious threat to the environment, health, security or safety In a unified law, and the publication of the judicial ruling related to the conviction of the violating establishments, by analyzing the special provisions in the penalty of closure, we find that it must be linked at times to the period of obtaining a license for establishments that carry out an activity without a license, and at other times to the period of completion of works and preparation works and the implementation of the obligations stipulated in the possibility of applying a penalty Temporary ban from practicing some professional activities for a specified period of time.

As for the competent administrative authority, reshaping the organizational structure of the management authority, including administrators and technicians, to combat crimes related toindustrial development and discovering them in a scientific way, coordinating in a scientific way with the authorities related to granting industrial licenses, whether in administrative or technical procedures in a more dynamic way for industrial investments.

Establishing new headquarters for the competent administrative authority to include All over the Republic, on the method of establishing a branch in each governorate with a sufficient number of offices within the governorate and following the system of decentralization in administration and supporting it with all technical and administrative cadres to combat and detect crimes related to industrial development, activating the role of the judicial police for technicians and administrators entrusted with the inspection of industrial facilities to combat and discover Industrial investment crimes.