CRIMES OF ECONOMIC OPERATORS IN THE FIELD OF PUBLIC CONTRACTS: INFLUENCE PEDDLING AND BRIBERY

Main Article Content

HAJAR MAMI , FATEH MEZITI

Abstract

Public contracts are among the means utilized by the administration to meet its needs and implement the state's economic and social policies. Their subject matter is closely linked to public expenditures, which are organized under Law No. 23-12 dated 05/08/2023, defining the general rules related to public contracts. The importance of public contracts is highlighted as they serve as tools for implementing national and local development plans. Public contracts are also recognized as a vital area prone to various forms of corruption.


This research paper is dedicated to exploring crimes in the field of public contracts, focusing specifically on crimes committed by economic operators. These include the crime of exploiting the influence of public officials to obtain unjustified advantages in public contracts and the crime of bribery, which are considered corruption-related crimes. Their prevention and combat are covered by Law No. 06-01, issued February 20, 2006, which is a supplement to an amendment to Law No. 06-01 covering the prevention and combat of corruption.

Article Details

Section
Articles

References

Abdelali, H. (2012-2013). Legal Mechanisms for Combating Administrative Corruption in Algeria. Biskra, Algeria: Mohamed Khider University.

Article 02 of Law No. 23-12. (2023, 08 06). Defining the general rules related to public contracts. Algeria.

Article 06-01 of Law No. 11-15. (2006, 02 20). concerning the prevention and fight against corruption, as amended and supplemented by Law No. 11-15. Algeria: Official Gazette.

Article 18 of Law No. 06/01. (2006, 02 20). Concerning the prevention and fight against corruption, as amended and supplemented. Algeria: Official Gazette.

Article 25 of Law No. 06/01. (2006, 02 20). Concerning the prevention and fight against corruption, as amended and supplemented. Algeria.

Article 26, Paragraph 2 of Law No. 06/01. (2006, 02 20). Concerning the prevention and fight against corruption, as amended and supplemented. Algeria: Official Gazette.

Article 82 of Law No. 23-12. (2023, 08 06). Defining the general rules related to public contracts. Algeria.

Berrah, Z., & Zaabi, A. (2021). Combating Crimes Related to Public Contracts in Algerian Legislation. Al-Bahith Journal for Academic Studies, 08(02).

Boudhan, M. (2010). The Legal System for Combating Bribery in Algeria. Ain M'lila: Dar Al-Huda.

Bousqiaa, A. (2004). A Brief on Algerian Special Law: Crimes of Employees, Business Crimes, and Forgery Crimes. Algiers: Dar Houma.

Bousqiaa, A. (2011). A Brief on Special Criminal Law: Crimes of Corruption, Finance and Business Crimes, and Forgery Crimes. Algiers: Dar Houma.

Majdoub, A. (2021). Crimes of Employees and Economic Operators in the Field of Public Contracts. Journal of Research in Contracts and Business Law, 06(04).

Majdoub, N., & Baaziz, A. (2017, 12). Crimes Affecting Public Contracts in Light of the Algerian Legal System. African Journal of Legal and Political Studies, 01(02).

Tounsi, S. (2018, 12). Corruption in Public Contracts and Mechanisms to Combat It. Al-Mustaqbal Journal for Legal and Political Studies(04).

Zuleikha, Z. (2011-2012). Crimes of Public Contracts and Mechanisms to Combat Them under the Anti-Corruption Law. Master's Thesis in Law, Specialization in Criminal Law, Faculty of Law and Political Science - Kasdi Merbah - Ouargla. Ouargla, Algeria.