2:السنة/ ماستر قانون االعمال السنة/التخصص
2025/2024 السنة الجامعية
قانون مكافحة الفساد فرض في مادة
حراتي محمد :اإلسم واللقب
:الجواب
Confronting corruption globally The United Nations General Assembly adopted the United Nations
Convention against Corruption on 31 October 2003. It also adopted 9 December as the International
Anti-Corruption Day in order to raise awareness of the problem of corruption and the role of the
Convention in combating and preventing it. This indicates the damage caused by corruption in
various fields, economically, socially, politically, and others, and the importance and duty of
combating it. The definitions of the phenomenon of corruption have varied, due to the multiplicity of
scientific fields that have addressed this phenomenon, due to its connection to the human field. It
has been defined in the legal field as those dishonest acts carried out by persons holding positions of
authority to achieve private gains. Examples of corruption phenomena include giving and accepting
bribes and inappropriate gifts, illegal political transactions, fraud, deception, manipulation of election
results, money transfer, fraud, money laundering, double dealing, secret transactions, money
transfer, fraud on investors, and other acts stipulated in criminal texts. We can also say that it is a
violation of the laws. And the systems or exploit their absence in order to achieve interests on all
sides for the benefit of a specific group or personal interest.
By defining the phenomenon of corruption and other definitions, as it has not been given a fixed
definition, corruption is characterized by several characteristics, including:
Multiple definitions : as various legislations and jurisprudential theories have not been able to limit
and define corruption due to its connection to the human domain and the differences in its fields.
Common interest : means that there is a common interest between the parties to corruption and
that it achieves a benefit and private gain for them, but the interest achieved is in violation of the
provisions of the law.
Secrecy: The phenomenon of corruption is characterized by secrecy in its elements and tools, as all
the actions that achieve corruption are arranged in complete secrecy and confidentiality to the point
that it is difficult to uncover them.
Cross-border crime: The phenomenon of corruption is considered a cross-border crime, as it is not
limited to the regions of countries, but rather extends beyond them. This has been facilitated by the
development in the scientific and technological fields.
Corruption is a breach of duty and responsibility: Corruption cannot be considered merely the result
of behavioral deviation from accepted behavioral patterns, but rather the deviation of norms and
values themselves from established and customary patterns and behaviors.
Corruption constitutes a contradiction : as any form of corruption involves a contradiction in which
the paradoxical of corruption falls, which is the contradiction between their roles in public life and
their role in private life.
In addition to these characteristics, we also mention that any form of corruption is considered a
betrayal of trust and usually involves deception and fraud of a government agency, and includes
those who need specific decisions and those who can influence these decisions. The phenomenon of
corruption is characterized by change and continuity, as it is not fixed.
The Algerian legislator, like other legislations, did not give a definition of corruption, but rather was
content to refer to it through the crimes specified in Chapter Four of Law 06/01 relating to the
prevention and fight against corruption. This law is not considered sufficient to curb these crimes
that have begun to threaten the national economy and various areas of life. This is what we have
seen and felt recently in senior officials in the state.
