COUNTERMEASURES CORRUPTION CRIMES IN PUBLIC PROCUREMENT IN ALGERIAN LEGISLATION

Main Article Content

OKBA KHADRAOUI , LOURIA ZOUAOUI

Abstract

By implementing the development programs that it has established, the state aims to reach agreements with the public in order to accomplish development and growth for the nation in a number of areas. Sadly, though, as a result of the proliferation of corruption offenses after they are finalized, public deals have turned into a vehicle for obtaining money and illegal gain. In order to prevent corruption offenses in public procurement, legislative measures have been put in place at both the national and international levels. Since Algeria gained independence, its lawmakers have developed laws to fight corruption. One such law is Law 06-01, which was passed in 2003 and is aimed at preventing and eliminating corruption in accordance with the United Nations Convention against Corruption.

Article Details

Section
Articles

References

Ahmed Bouchareb, Legal and Institutional Mechanisms for Preventing and Combating Corruption in the Field of Public Transactions, Journal of the Research Professor for Legal and Political Studies, Volume 01, Issue 07, Mohamed Boudiaf University, M’sila, Algeria, September 2017, p. 348.

Karima Illah, Corruption Crimes in Public Transactions, PhD thesis, Public Law, Faculty of Law, University of Algiers 1 Ben Youssef Ben Khadda, Algeria, 2012/2013, p. 110.

Abdul Rahman Khalfi, Lectures on the Code of Criminal Procedure, Dar Al-Huda, Ain Melilla, Algeria, 2010, p. 54.

Hassan Sadiq Al-Marsafawi, Al-Marsafawi in Criminal Investigation, Mansha’at Al-Ma’arif, Alexandria, Egypt, 1990, p. 7.

Abd al-Rahman Khalafi, opcit, p. 73.

Sohaila Bouzira, Confronting Suspicious Deals, Master’s Thesis, Faculty of Law, Mohamed Seddik Ben Yahia University, Jijel, Algeria, 2008, p. 125.

The text of Article 65 bis 5 of the Code of Criminal Procedure stipulates that persons whose homes are searched include persons suspected of contributing to the commission of a felony and persons suspected of possessing papers or objects related to criminal acts.

Karima Illah, opcit, p. 112.

Karima Illah, opcit, p. 114.

See Article 40 of the Algerian Code of Criminal Procedure.

Muhammad Hazait, Principles of Criminal Procedure in Algerian Law in Light of the Latest Amendments to the Code of Criminal Procedure and Jurisprudence, Dar Belqis, Casablanca, Algeria, 3rd edition, 2022, p. 14.

Abdullah Ouhabia, Explanation of the Algerian Code of Criminal Procedure, Dar Houma, Algeria, 2008, p. 163.

For example, the agreement regarding the extradition of criminals concluded between Algeria and the United Kingdom of Great Britain and Northern Ireland, signed in London on July 11, 2006 and ratified by Presidential Decree 06/464 of December 11, 2006, issued in Official Gazette No. 81, as stated in Article 2 of the agreement. ...crimes that require extradition are crimes punishable under the laws of each party...”

In the text of Article 697 F (2), he wrote “...two years or less...” while the text in French did not include this error. Ford:

«…deux ans or au-dessus…»

Taking into account the cases of inadmissibility of extradition stipulated in Article 696 of the LawproceduresPenalThe Algerian.

Suleiman Abdel Moneim, opcit, p. 135.