المسؤولية الجزائية للبنك عن مخالفة الأنظمة البنكية في القانون الجزائري

Abstract EN

Summary: The subject of the study relates to the criminal accountability of the bank in the case of acts committed during the course of banking activities that constitute crimes punishable by law, on the basis of the adoption of most legislation, including the Algerian legislation, of the penal responsibility of the legal person.

This study aimed to clarify the general provisions of the bank's liability as a legal person for violating the banking profession regulations and the basis for this responsibility, with different jurisprudential opinions regarding the legality of considering a legal person, including banks, as capable of being attributed to a crime and punishable by a penalty.

However, holding the bank criminally responsible assumes certain conditions, the criminal act must be committed by the bank's legal representative and the bank's owner, in addition to the requirement that the legal representative be issued with the intention of fulfilling of the law The bank and the commission of the offense by the form prescribed by the bank's bylaws.

The study also aimed to identify the types of crimes that are subject to the criminal liability of the bank for violating banking regulations, such as crimes against the rules of the banking profession, and crimes that violate the instructions of the central bank and the banking committee.