دور المسؤولية الجزائية في تدعيم الالتزام بالسرية المصرفية

Abstract EN

Summary The national legislator followed the path of many countries that provided a criminal protection system to bank secrecy commitment, to constitute a breach of its provisions according to Algerian law is a crime that results a criminal responsibility for those who are bound by it whenever its legal conditions are fulfilled, although this protection has made the legislative regulation of commitment to bank secrecy on a higher level of importance than some legislations such as Belgium, Germany, Netherlands and the Anglo-Saxon countries that did not provide any criminal penalty for breaching this obligation without a legal justification to the non-injunctive sanctions report, except that the sanctions specified by our legislator in the form of imprisonment from one to six months and a fine، it reaches a maximum limit of 100, 000 dinars (Article 301 of the Algerian Penal Code) remains meager and does not achieve adequate deterrence, especially since the subject of criminalization is related to the banking and financial field, so that the legislator must review its position and direct intervention to strengthen the criminal protection of bank secrecy by raising the negative punishment for freedom, as well as financial punishment, especially as the latter represents the original punishment imposed on the bank's breach of duty of confidentiality as a legal person