المسؤولية الجزائية للبنوك في التشريع الجزائري

Abstract

While carrying out their duties , banks may commit certain acts that fall under punishable criminal offenses . As legal entities , various types and forms of banks may resort to illegal methods during the execution of their operations , which makes them subject to criminal liability as stipulated by law . The criminal responsibility of a bank , as a legal person , is considered special and conditional . It is not imposed automatically , but rather requires the existence of a legal framework and specific conditions outlined by legislation . For such liability to be established , the offense must be commited in the name or for the benefit of the bank, by one of its members or legal representatives . The Algerian legislator has addressed this serious phenomenon through a set of legal previsions , most notably law No. 04/15 of November 10, 2004 amending and supplementing the Penal Code , followed by law No.01/05 related to the prevention and combating of money laundering and terrorist financing , and Law No 01/06 related to preventing and combating corruption .