المسؤولية الجنائية لرئيس التحرير عن أعمال تابعيه

Abstract EN

Abstract: The origin of criminal responsibility is to be personal, based on the constitutional principle stipulating the individuality of Penalty, i.e.

who charges about an offence, has to be issued from him an act, making him the person who commits an offence or who takes part of it .And that his will conduct to the mental element.

But the legislator can deviate from the general rules of responsibility, specially criminal participation‘s rules which is difficult to apply, as in the case in publication’s offences because the processes of: authorship, printing, publication, and distribution characterized with many intervenors.

In addition to the character of confidentiality, it is difficult to determine who contributed to the crime as a principal actor or who takes part of it as a partner, but the application of the general rules could lead to apply the punishment on all participants in the publication and this in return is a serious breach on the principle of the individuality of Penalties.

That’s why, because of the special nature of the offence of publication, it was necessary to focus the criminal responsibility on the offences committed by the press and by other publications on one person, this person is represented by the editor in chief, as the one who gives authorization to publish it, through duty of control and supervision imposed by law on him and on the publication, that’s why he should endure the criminal responsibility for the acts of his subordinates on the basis of the theory of criminal responsibility for the act of other person.