الحماية الجنائية من جرائم الغش التجاري

Abstract EN

Among the judicial topics that are rising judicial debates is the one dealing with the forensic protection of commercial fraud crimes, since such crimes are threatening the safety of both the individuals and society.

Moreover, it may stand as a danger to legal competition and to the economic system as a whole The forensic protection has become the main cause of incriminating all deeds related to commercial fraud.

For instance, fake advertising, falsification, and forgery.

The importance of the study lies in the analysis and search in an objective way on forensic protection and at the same time see ways to apply processive protection on commercial fraud crimes.

The debate then will be on the effectiveness of legislations that can protect the rights of the consumer.

This mainly refers to the law 13.83 related to deterrence in goods and the law 31.08 Which specifies the procedures that can be taken to protect the consumer and the other law 53.05 about the Electronic exchange of legal database.in addition to other laws that aim at making a balance between the different counterparts.

Here the question that may rise is to what extent the deterrent sanctions can guarantee forensic protection to the consumer.

And the dialema is what should be done.

Is it preferable to be flexible with sanctions or adopt a rigid system? At last, to what extent the administration control can be effective and can implement this protection