الطبيعة القانونية للمسئولية الجنائية عن جرائم الشركات

Abstract EN

The criminal responsibility of a member of the company’s board of directors or his manager is subject to the general provisions of criminal liability in addition to the provisions related to it stipulated in various laws such as the Companies Law and the Anti-Money Laundering Law.

Law and the law to prevent fraud and fraud and others.

In this research, we dealt with the conditions for proving criminal responsibility for corporate crimes, which is the requirement that the crime occurred from one of the members of the company's board of directors, and that the disposal be within the limits of his competence.

Whoever commits it according to the company’s articles of association, and that the act is in the interest of the company, and we also dealt with the scope of criminal liability in corporate crimes in terms of being limited to one of the company’s members.

Only the board of directors who committed the crime and its extension to the rest of the board members In order for the members of the Board of Directors to bear the criminal responsibility for the crimes committed by the manager in the company, the conditions must be met, which is that the crime was committed by the company’s manager appointed by the Board of Directors, that the crime was committed in the name and interest of the company, and that he did not exceed the limits of his powers that were mentioned in his appointment decision.

The members of the company's board of directors became aware of the crime, and if the board of directors saw that there were violations that constitute a crime and that was clear from the reports or learned about them from another source but did not report them.

Because there is an interest for the company, he would have participated in its commission and be criminally liable for that crime, or if the board of directors knew that the company’s manager would commit a crime that would benefit the company and he did not intervene to prevent it, he will be responsible for the crime if it occurs and will be punished for it.