تفويض التجريم و العقاب في مجال الأعمال

Abstract EN

First of all, The general penal policy is based on the principle of legislative unilateralism, which is supposed to be the exclusive competence of the legislative authority to determine the crimes and the penalties, since it is considered as the representative of the society, and it is charged in the name of the constitution to: preserve the freedoms and rights of individuals vis-à-vis the executive power.

However, the situation in the business arena is different, where the role of the legislative authority has become limited and diminished by the expansion of the executive power, and it finds itself on the task of criminalization and punishment in the business arena.

under the pretext of its bifurcation and its technical nature.