السلطات العقابية للهيئات الإدارية المستقلة و دورها في اتساع دائرة التجريم

Abstract EN

Imposing criminal sanctions by the criminal legislature in order to implement laws that organize financial and economic sectors is no longer sufficient and satisfactory.

Since the criminal judge does not feel comfortable to deal with these complicated and technical sectors, the criminal legislations become ineffective and futile.

The criminal judge powers have been transferred to other authorities which are closer to these sectors because the traditional methods have failed to deal with them.

This new policy gives independent administrative authorities power to interfere effectively and quickly.

The independent administrative authorities have the power to impose sanctions.

This policy can be conducted by removing the criminalization, and imposing administrative sanctions rather than criminal ones.

This policy gives the impression that the criminal law has been curtailed.

However, this research study shows that the criminal law zone is still wide.

Some criminal justice authorities such as; the French constitutional council, the European Court on Human Rights and domestic courts, play fundamental and crucial role to expand the criminal law applications to cover the administrative misconducts.

This can be achieved because they require that the substantive and formal fair trials requirements must be met.