تجليات سياسة الإفراطفي التجريم و الزجر في مجال الأعمال : القانون 17.95 أنموذجا

Abstract EN

After the increased risk of crime in the field of business, the intervention of the criminal legislator in this field has become an urgent necessity to combat the various forms of business crimes.

This criminal interference was manifested through the issuance of a set of special laws attached to injunctive provisions that concern the field of business: such as tax and customs law, stock exchange law, freedom of prices and competition, industrial property, and fraud in goods, products and services, as well as the Labor and Commercial Code....

In addition, the law regulating the joint-stock companies under study.

However, it is noticeable that this wide intervention in the field of business in general and the field of companies in particular, has resulted in excessive levels of criminalization and reprimand.

So that the legislator of the joint-stock companies law criminalized actions that were not like this before and combined them with harsh penalties that sometimes amount to a deprivation of freedom, in addition to the creation of new crimes that are compatible with the development of the phenomenon of crime in the field of business and transactions.

The question posed here is: Is the policy of excessive criminalization and punishment effective in deterrence and the protection of all conflicting interests within the company? This question is dealt with by examining the manifestations of these earrings by presenting the various forms of prohibition and the prescribed penalties, then moved to the statement of the consequences of this excessive criminalization and reprimand.