COMBATING ILLEGAL SPECULATION IN ALGERIAN LEGISLATION ANALYTICAL STUDY OF LAW NO 21-15

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Laouarem Wahiba

Abstract

If the legislation subjected prices to the principle of supply , demand and freedom of competition, it intervened and criminalized some behaviors that contradict the principle by approving the crime of illegal speculation in the provisions of the Penal Code.


       When these texts became unable to deter the spread of some illegal practices that threatened the economic security of the state for some economic agents and were linked to creating scarcity in the markets and raising their prices, it was necessary for the legislator to confront them, which was evident by issuing a special law, which is Law No. 21. 15 dated December 28, 2021 relating to combating illegal speculation, through which preventive procedural rules and penal provisions with severe penalties were approved to deter this serious crime.

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References

-First: legal texts

Law No. 04-02 of 23 June 2004 on rules applicable to amended and supplemented business practices, OJ No. 41 of 27 June 2004.

Law No. 21-15 of 28 December 2021 on combating illicit speculation, OJ No. 99 of 29 December 2021.

Ordinance No. 03-03 on competition of 19 July 2003 amended and supplemented, JO No. 43 of 20 July 2003.

Ordinance No. 66-155 of 08 June 1966 amending and supplementing the Code of Criminal Procedure.

Ordinance No. 66-156 of 08 June 1966 amending and supplementing the Penal Code.

Executive Decree No. 10-299 of 29 November 2010, containing the Organic Law on Employees Belonging to the Special Wire of the Penal Administration, OJ No. 74 of 05 December 2010.

Executive Decree No. 09-415 of 16 December 2009 containing the Special Organic Law - Applicable to Employees Belonging to the Wire of the Department in Charge of Trade, OJ No. 75 of 20 December 2009.

Second: books

Abdellah Suleiman, Explanation of Algeria's Penal Code, General Section, Part I, Crime, University Publications Office, Algeria, 2002. s rights ".

Ahcen Bousguia, the brief in General Penal Code, T19, Dar Homa, Algeria, 2021.

Ahmed Mohamed Mahrez, right to legitimate competition in the areas of economic activity - industry trade and services - Arab Renaissance House, Cairo, 1994.

Hoda Hamid Quashquosh, Explanation of Penal Code, General Section, Arab Renaissance House, Cairo, 2010.

Ahmed Mohamed Mahmoud Khalaf, Consumer's Criminal Protection, Comparative Study, New University House, Alexandria, 2005.

Mahmoud Najib Hosni, Explanation of Penal Code, General Section, Arab Renaissance House, Cairo, 1989.

Mohammed Zaki Abu Amer, Suleiman Abdel-Monim, Penal Code, New University House, Alexandria, 2002.

Samir Alia, Explanation of Penal Code, General Section, University Institution for Studies, Publishing and Distribution, Beirut, Lebanon, 2002.

Thiorsi Mohamed, Legal Controls of Competitive Freedom in Algeria, Dar Homa, Algeria, 2013.

Third: memory

Bahri Fatima, Consumer Criminal Protection, Doctoral Thesis, Faculty of Law and Political Science, Abubakar University, Belkaid, Tlemcen.

Laouer Badra, mechanisms for combating crimes of business practices in Algerian legislation, Doctoral thesis, Faculty of Law and Political Science, University of Mohammed Kheidhir Biskra, 2013-2014.

Mohamed El-Sharif Kato, Anti-Competitive Practices in Algerian Law, Comparative Study of French Law, Thesis for Doctorate of State in Public Law, Faculty of Law, Mevlut Maimari University, Tizi Ouzou, 2005.

Fourth: Articles

Abdullah Masood, Khidhawi Naim, Combating Illicit Speculation between Legal Texts and Field Work (Study in the Light of Law No. 21-15 on Combating Illicit Speculation), Al-Sadi Journal of Legal and Political Studies, vol. 4, No. 2 Joan 2022.