المسؤولية الجزائية الناجمة عن جريمة الإثراء غير المشروع

Abstract EN

The offence of illicit enrichment is considered as a new offence in the Algerian criminal legislation, as it was stipulated for the first time in the Law on Prevention and Combating Corruption issued in 2006, and in fact this is not considered as innovation from the legislator, but rather it stems from his obligations mainly resulting from the ratification of the United Nations Convention Anti-Corruption of the Year 2003.

The need to criminalize this act stemmed from the need to protect public money and combat administrative corruption, and to examine the specificity of criminalizing illicit enrichment, and how to prove the significant and unlawful increase in the financial liability of a public employee, in the expanded concept adopted by the Corruption Law Exploits his job in order to obtain funds that are not commensurate with his legitimate income, and searches for the adequacy of the penalties prescribed for him to limit trafficking in the public office.

We concluded that this crime is one of the most common crimes, as many public officials have become living a life style that does not correspond to their legitimate income, but despite this it was necessary for the judicial authorities to prove that this wealth is the result of illegal money, and the matter becomes more complicated if we know that This matter is difficult because if the employee had not declared his real estate and movable property at the beginning of the job, the legislator required this employee to clear himself and prove the legality of the significant increase in his financial liability.

In light of the contradiction of this issue with the presumption of innocence, and the resulting necessity to exempt the employee from proving his innocence, and to overcome this constitutional suspicion, it must besaid that the accused has to ward off the accusation from himself, and be keen to prove his innocence on the one hand, and on the other hand the legislator must control Laws related to the declaration of properties, with the necessity of stricter penalties for those who are tempted by illicit enrichment from the public office.