الإشكالية الموضوعية و الإثباتية في تجريم الكسب غير المبرر عند مكافحة الفساد : دراسة تحليلية نقدية

Abstract EN

The topic of the research is to determine the objective and evidentiary problems with regard to the criminalization of unjustified gain as one of the anti-corruption mechanisms, which is the assumption of the illegality of the source of the financial increase that occurs on the financial account of the public employee during the performance of his job duties, with his inability to justify its legitimate source.

On the one hand, Objective problems mean each of the three elements of the crime that represent the objective description of the hypothetical part of the criminal rule; That is, the material and moral elements, and before them the legal element.

Therefore, this research is based on the normative analysis, not the baseline.

Its aim is not to describe these elements, but rather to examine their efficiency in terms of compatibility with modern criminal justice standards, through the principles governing those standards, the most important of which is the principle of legality (no crime or punishment except by law).

On the other hand, the research aims to find out whether the rules of criminalization are compatible with the principles of criminal justice with regard to criminal proof, especially the principle of innocence, and the right to silence.