Criminal protection for the company’sinterest in usingitsfunds and reputation

Abstract

The correlationbetween the activity of commercial companies ad economicdevelopment has led the legislatortotake care of the legalside, in order to allow for the balance betweentrade and industry on the one hand, as specified in the constitution, and on the oder hand, the interferencewithlegaltexts to etablish a protzction of commercial companies in particular and of national economy in general. Tankingintoaccount the importance of the management process in the relation of the company’spurpose, the legislator has providedlegal protection in the phase using the rules of criminallaw in order to give a criminalcharacter to behavior of the manager who exploits the legalpaesonality as a cover for the deviatingfrom the realisation of hisinterest and givingpriority to hispersonalinterest in the ewercise of hisfunctions. The technicality of the management process has contributed to the reinforcement of the penalpolicywith a specialtextrepressing the abuse of corporateassets, and which combines between the principales of criminallaw and the specifity of the business mode on the one hand, a,d the characteristics of the personsubject to prosecution (the manager), due to hisprofrssionalcapacitywhichallowshim to erace the features of the actjudicial to hisinterest. This has created new premises on criminalpolicy, contributing to the debatebetween the rules of commercial lawbased on speed and credibility and the rules of generalcriminallawbased on the principlesthatberespected.