المسؤولية الجزائية للمسير عن جريمة الإهمال الواضح

Abstract EN

The Manager of the Public Economic Corporation In the crime of gross negligence is submitted to particular rules of Attribution, so he bears criminal responsibility, for the act of following the violation of duties of control, and taking care of Public and Private Funds Causing material damage, whether by exposing them to theft or misappropriation, damage or loss by its users.

The legislator did not provide explicitly that it is a criminal responsibility for the act of others, but it can be inferred from the doctrinal theories explaining it and from analyzing the text of the article 119 bis of PL, which has treated the crime elements, and considering the exit of this type of responsibility from general rules of the Criminal Responsibility as Personal responsibility and punishment, The legislature ensures applying them in the narrowest range through a set of controls.

Although the Algerian legislator has lifted the criminalization of the act of governance as an attempt to maintain the competencies, and to encourage the investments, he has kept the crime of gross negligence, although negligence leading to material damage is from the core of the act of governance.