النطاق الشخصي للمسئولية الجنائية عن أعمال البناء

الملخص EN

Criminal liability for building and construction works differs according to the person responsible for them, between legal persons, given that states and their affiliated bodies may be a party to the construction work, and between natural persons, which necessitates the establishment of responsibility for those works according to the different nature and variety of work, which raised the problem of establishing Responsibility, especially criminal ones, which prompted jurisprudence to find a solution to this issue, the importance of this research lies in defining the legal rules that govern the building and construction system as the tool that embodies the rules of urbanization and the basic legal means to ensure the necessary balance between the public interest and the rights of individuals, inaddition to the personal scope of responsibility Criminal and persons of criminal responsibility for construction work.

When there is a case of criminal participation, the legislator has set some provisions for punishment, and these are special or exceptional provisions, represented in that the contributor to the crime is liable to the penalty prescribed for the crime, whatever his activity and role, but in addition to that, the contributor bears the other crime committed by another perpetrator until this crime was a possible result of the activity Or the behavior that was issued by him, even if it was unintentional, but the penalty for the contribution may differ between the shareholders, an actor or a partner.