خصوصية الركن المادي لجرائم تسيير شركات المساهمة في التشريع الجزائري

Abstract EN

The study aims to demonstrate the specificity of the material element in the legal texts that determine crimes in the management of joint-stock companies.

By applying the components of the material element on these crimes, the study finds out that the Algerian legislator considered the negative behavior to be a general rule, while positive behavior becomes an exception in these crimes.

Moreover, he increases the degree of criminalization when he considers the danger that threatens the protected interest of the company to be the general rule of criminalization, whereas the damage crimes are considered as an exception.

Nevertheless, due to the complexity of these penal texts, the crimes have not been specified accurately in order to set the privacy of the material element.

This makes it necessary for the legislator to keep pace with the specificity of this material element by enacting legislation appropriate to its nature.