إشكالية العقاب علي الإخلال بالعقود الإدارية: "دراسة تحليلية تأصيلية"

Abstract EN

Administrative contracts enjoy criminal protection in accordance with the provisions of Articles 81 and 116 bis (c) of the Penal Code, and this protection includes punishment for the contractor’s breach of any clause of the contract with the administrative authority and this breach results in some harm, and this protection also includes criminalizing the contractor’s use of fraud Or circumventing the implementation of these contracts, or using his subordinates to do so, even if this does not result in any harm to the interests of the contracting administrative authority.

However, threatening the contracting party with a criminal penalty collides with justice, and confronts what was stated in Article Eleven of the International Convention on Civil and Political Human Rights, which was approved by the United Nations General Assembly and signed on August 4, 1967, and Presidential Decree No.

536 of 1981, which was published in the Official Gazette, was issued.

On April 15, 1982, it was approved, and it includes the prohibition of punishing any person simply because of his inability to fulfill a contractual obligation.