شروط و حالات قيام المسؤولية الجزائية للشركة التجارية في التشريع الجزائري

الملخص EN

This study deals with the study of the conditions and cases of criminal responsibility of the commercial company ,through exposure to various jurisprudential trends and legal texts that dealt with them .In view of the continuous increase of commercial companies and their enormous potentials and means .This is due to the increasing number of cases of departures from criminal judgments ,which have been a source of the environ ment and the economic system because their activities are reserved for their members from natural persons who manage them.

Because of the difficulty of identifying the physical perpetrators of the crime ,they opened the way for them to hang on to the company and hide behind them in the deviations of behavior ,and then throw them followed by it ,no doubt that the perpetrator of the crime members of the person - the organ - or representatives express his will ,can not deny The criminal responsibility for them ,but ask for their own action ,because they submit their actions consciously and willingly and aware of the seriousness of their criminal act ,even if they had committed the act in favor of the moral person and in his name and his account ,but this does not prevent the followup of the moral person as well as these crimes Behind which an illegal interest is achieved To him ,prompting the Algerian legislature to find penalties stipulated in the Penal Code and special laws ,by the provisions of the penal intervention appropriate.

This type of liability requires a legal system in which the conditions and cases of the criminal responsibility of the manager reflect the will of the company as a legal person .If the criminal responsibility of the natural person is not problematic in terms of the conditions or elements to be met ,These conditions must be addressed