المسؤولية الجزائية لمسؤول المؤسسة الخيرية عن خيانة أمانة أموال المؤسسة : دراسة مقارنة

Abstract EN

The criminal responsibility of any person is raised when a criminal conduct is issued from him with a specific legal text, whether this text is mentioned in the Penal Code or in any other law.

Therefore, when the charity official uses or disposes of funds owned by the charity in violation of the law or instructions pertaining to the charity, he is held accountable criminally.

Because it is considered the perpetrator of the crime of betraying the trust of the charity's funds, the legislator's aim to criminalize betrayal of the trust of the charity's funds is to protect the charity's money in addition to protecting the credit and trust that should be available in the charity's official.

And the crime of betraying the trust of the charity official of the Foundation's money is necessary for its establishment and verification.

There are two general pillars, namely the physical and moral pillars, and it also requires the availability of special staff, which is that the crime is a movable property owned by the charity, and the perpetrator is responsible for the charity, and that the money is handed over to an official The charity, and the commission of any crime imposes a legally defined penalty for it, and so when it is proven that the charity official is guilty of committing a crime of treachery, the trust of the charity's money is sentenced to the original legally prescribed penalty for this crime in addition to the sub-penalties that apply to the original punishment.