THE COMPATIBILITY OF LEGISLATIVE TREATMENT OF INTERNATIONAL BRIBERY IN ALGERIA WITH THE PROVISIONS OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION OF 2003.
Main Article Content
Abstract
The purpose of this study is to highlight the compatibility of the legal treatment of international bribery in Algeria, as a newly created offence under Law 06/01 on the fight against corruption, as amended and supplemented, and its consistency with the provisions of the 2003 United Nations Convention against Corruption, which Algeria ratified with reservations in 2004 by Presidential Decree No. 04-128. This study is based on the presentation and analysis of legal texts in order to clarify this compatibility.
The importance of this study lies in demonstrating Algeria’s implementation of its obligations under this Convention in this area, as well as in highlighting the importance of aligning legal texts and comparative legal systems with international and regional agreements in order to overcome obstacles and facilitate international coordination efforts, thereby increasing the effectiveness of cooperation in combating corruption in general and international bribery as one of its most prominent crimes in particular.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Before that, in the same context, the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions established a binding legal framework for criminalizing the offering of bribes by companies from the signatory countries to public officials in other countries (i.e., developing countries). This implies the necessity and obligation for the national laws of the signatory states to be amended to align with its provisions, which aim to unify standards related to the issue of bribery. See: Khalid bin Wasil bin Dughailib Al-Harbi, "International and Arab Efforts to Combat Administrative Corruption," Legal Journal, p. 183.
- Verse 188 of Surah Al-Baqarah.
- Al-Tirmidhi, Muhammad ibn Isa, "Sunan al-Tirmidhi," authenticated by Al-Albani, 1st ed., Hadith 1337, Al-Ma'arif Library, Riyadh, n.d., p. 315.
- An example includes the Lockheed and Boeing cases, where negotiators in some developing countries received bribes from the mentioned global aviation companies in exchange for completing aircraft sales deals. Following these events, several definitions were issued, the latest being the definition included in the United Nations Convention Against Corruption under the term "Bribery of Foreign Public Officials and Employees of International Public Organizations." See: Bakhdour Mukhtar, "Bribery and Mechanisms to Combat It at the Algerian and International Levels," Journal of the Researcher, Legal and Political Studies, Faculty of Law and Political Science, Muhammad Boudiaf University, M'sila, Vol. 06, No. 01, June 2021.
- Ibn Manzur, Abu al-Fadl Jamal al-Din Muhammad bin Makram, "Lisan al-Arab," Dar al-Fikr, Beirut, 1417 AH - 1997 AD, 6th ed., Vol. 14, p. 322.
- Ibn Manzur, op. cit., Vol. 14, p. 322.
- Al-Tarqi, Abdullah bin Abdul Mohsen, "The Crime of Bribery in Islamic Law," 1st ed., Al-Risalah Foundation, Beirut, 1400 AH - 1980 AD, pp. 50-51.
- Kuwait's Ministry of Awqaf and Islamic Affairs, "The Jurisprudential Encyclopedia," Thaat al-Salasil, 2nd ed., 1412 AH - 1992 AD, Vol. 22, p. 220.
- Al-Tarqi, op. cit., p. 51.
- Ibn Abidin, Muhammad Amin, "Rad al-Muhtar 'ala al-Durar al-Mukhtar Sharh Tanwir al-Absar," Study and Investigation: Adel Ahmad bin Abdul Mawjud and Ali Muhammad Muawwad, Dar Al-Alam Al-Kutub, Riyadh, 1423 AH - 2003 AD, pp. 8, 34.
- See: Nour Eddine Azize, "Bribery and Administrative Corruption and Their Impact on Economic and Social Development," Dar Al-Khaldounia, Algeria, 1436 AH - 2015 AD, p. 17.
- See: Nour Eddine Azize, "Bribery and Administrative Corruption and Their Impact on Economic and Social Development," Dar Al-Khaldounia, Algeria, 1436 AH - 2015 AD, p. 17.
- Haroun Nourah, "The Crime of Bribery in Algerian Legislation: A Study in Light of the United Nations Convention Against Corruption," Thesis submitted in pursuit of a Doctorate in Law, Faculty of Law and Political Science, Mouloud Mammeri University - Tizi Ouzou, Academic Year 2016/2017, p. 19.
- OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted at the Negotiating Conference on November 21, 1997.
- See: Organization for Economic Cooperation and Development, "Comments on the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions adopted at the Negotiating Conference on November 21, 1997," 2010, p. 13.
- Nawal Tarek Ibrahim Abdul Razak, "Journal of the Faculty of Law," Al-Nahrain University, Vol. 12, No. 1, 2010, p. 204.
- Ibrahim Brahimi Mukhtar, op. cit., p. 183.
- Ahmed Hassan Muhammad Ali, "The Crime of International Bribery: An Analytical Study in Light of International Agreements and National Legislation," Journal of Al-Zaytouna University for Legal Studies, Vol. 2, Issue 3, 2021, p. 111.
- Article 2, paragraph (c) of Law No. 06-01, dated 21 Muharram 1427 AH, corresponding to February 20, 2006, concerning the Prevention and Fight Against Corruption, amended and supplemented.
- Conference of the States Parties to the United Nations Convention Against Corruption, Fifth Session, Panama City, November 25-29, 2013, p. 12.
- Ibrahim Brahimi Mukhtar, "Responsibility of International Officials and Its Applications in the Jurisprudence of International Administrative Courts," Doctoral Thesis in Public Law, Faculty of Law and Political Science, Abou Bakr Belkaid University, Tlemcen, Academic Year 2016-2017, p. 01.
- Paragraph (c) of Article 2 of the United Nations Convention Against Corruption, 2003.
- Article 2, paragraph (d) of Law No. 06-01.
- See: Paragraph One of the Preamble to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 1997.
- Foreign trade is defined as "international commercial transactions in its three forms, consisting of the movement of goods and services, individuals, and capital, occurring between individuals residing in different political units, or between governments, or between economic organizations located in different political units." Walid Abi, "Environmental Protection and the Liberalization of Foreign Trade within the Framework of the World Trade Organization – A Case Study of Algeria," Thesis submitted for the Doctorate in Economic Sciences, Faculty of Economic Sciences and Management, Ferhat Abbas University Sétif 1, Academic Year 2018/2019, p. 3.
- Ahmed Hassan Muhammad Ali, op. cit., p.
- Haja Abdul Ali, "Legal Mechanisms for Combating Administrative Corruption in Algeria," Thesis submitted for the Doctorate in Legal Sciences, Faculty of Law and Political Science, Mohamed Khider University of Biskra, p. 42.
- Nabil Mad Allah Al-Abidi, Mufeed Naif Turki, "The Stance of International Criminal Law on the Crime of Bribery and Its International Combating," Journal of Jurisprudential and Judicial Studies, Research Laboratory for Jurisprudential and Judicial Studies, University of El-Oued, No. 02, June 2016, p. 120.
- Order No. 66-156, dated 18 Safar 1386 AH, corresponding to June 8, 1966, containing the Penal Code, Official Journal No. 49 issued on 21 Safar 1386 AH, corresponding to June 11, 1966, amended and supplemented
- Bakhdour Mukhtar, op. cit., p. 1557.
- The constitutional amendment approved in the referendum of November 1, 2020, issued under Presidential Decree No. 20-442, dated December 30, 2020, Official Journal No. 82, issued on December 30, 2020.
- The decisions and resolutions adopted by the Conference of the States Parties to the United Nations Convention Against Corruption, p. 04.
- United Nations Office on Drugs and Crime, Vienna, "Status of Implementation of the United Nations Convention Against Corruption: Criminalization, Law Enforcement, and International Cooperation," p. 42.
- See: Text of Articles 15 and 16 of the United Nations Convention Against Corruption, 2003.
- The same reference, p. 43.
- See: Text of Article 30 of the United Nations Convention Against Corruption, 2003.
-
- Article 65, paragraph 2 of the United Nations Convention Against Corruption, 2003.
- Khaled Shaarawi, "The Legislative Framework for Combating Corruption: A Comparative Study of the Legislation of Some Countries," Social Contract Center, 2011, Egypt, p. 2.
- Article 54 of this law states: "Without prejudice to the provisions set forth in the Code of Criminal Procedure, neither the public action nor the penalty for the crimes stipulated in this law shall be subject to limitation if the proceeds of the crime are transferred abroad. In other cases, the provisions of the Code of Criminal Procedure shall apply. However, for the crime stipulated in Article 29 of this law, the limitation period for public action shall be equal to the maximum penalty prescribed for it."
- Khadija Mujahid, "Mechanisms of International Cooperation to Combat Corruption and Prevent It," Journal of Legal and Political Studies, Faculty of Law and Political Science, Amar Telidji University, Laghouat, No. 2, June 2015, p. 270.
- Ahmed Abdullah Widan, "New Forms of Criminalisation Introduced by the United Nations Convention Against Corruption: The Crime of Bribery in the Private Sector as a Model", Sebha University for Human Sciences, Volume 21, No. 03, 2022, p. 89.
- Paragraph 01 of Article 43 of the United Nations Convention Against Corruption states: "States Parties shall cooperate in criminal matters in accordance with articles 44 to 50 of this Convention and, where appropriate and consistent with their domestic legal systems, shall consider assisting each other in investigations and proceedings relating to civil and administrative matters involving corruption."