Particularity of Procedural and Penal Systems in Embezzlement Crimes: An Analytical Study in Light of Law No. 06-01 Related to the Prevention and Fight Against Corruption, and the Provisions of Law No. 25-14 Concerning the Code of Criminal Procedure.

Abstract

Corruption crimes, embezzlement in particular, are one of the most significant challenges facing modern states due to their negative impact on the national economy, institutional stability and public trust in administration. In recognition of the severity of these crimes and the need to combat them, Algerian legislators adopted a criminal policy emphasising intensified criminalisation and punishment, accompanied by extraordinary follow-up procedures. This policy was primarily embodied in Article 119 of the Penal Code, prior to its repeal and replacement by Article 29 of Law No. 06-01 concerning the prevention and fight against corruption, as amended and supplemented. This law also makes the procedural aspects of this crime subject to the general rules set out in the Code of Criminal Procedure, particularly following the enactment of Law No. 25-14. However, despite the existence of legislation at both the international and national levels to prevent and combat corruption crimes, this crime has not been mitigated, as evidenced by the scale of embezzlement and judicial prosecutions. Therefore, it is essential that all state institutions — legislative, executive and judicial — combine their efforts in re-evaluating the provisions of the law on the prevention and fight against corruption, enacting laws that consider severity and rigour, and removing all restrictions on the Public Prosecution’s freedom to initiate legal action in cases of corruption without being limited by any complaint.