The Idea of Criminal Liability of the Commercial Company

Abstract

The subject of the research acquires special importance, as it relates to the rule in criminal jurisprudence that responsibility is only related to the human person, although the legislator did not explicitly stipulate this rule, he presupposes it with the commands and intentions contained in the texts of the law that are directed to the people, because the actions that are criminalized by the texts of the law are supposed to be issued by a human being, and the prescribed penalties cannot be imagined being sent down to anyone other than a person, as a jurisprudential dispute arose about the criminal responsibility He acts through his representatives and does not have criminal capacity, and most criminal penalties cannot be applied to him, except that denying the will of the commercial company means the impossibility of him being a party to a contract, and therefore the impossibility of civil accountability, because he has no will, and this is a realistic and legally unacceptable result.[1]

However, in reality, it is proven for entities other than the human being, just by their validity, as if they have one right, no matter how simple this right is, It proves to groups of human beings who have gathered together to achieve a common goal, or to groups of funds earmarked to achieve a specific purpose; this is due to the expansion of the circle of activity of these people in the modern era and their entry into most areas of life, especially commercial ones, which led to the commercial company occupying a dangerous position on the decisions of society and its basic interests, which led to the intervention of legislators by criminalizing some forms of behavior that occur from the representatives of these people The morale - the most important of which are commercial companies - during the performance of their work, and to decide on some measures or measures directed to protect the interests of society and its members from the dangers of these persons.[2]

The topic of the research acquires special importance, as it relates to a contemporary and advanced topic that keeps pace with modern developments in our contemporary life and relates to the scope of criminalization and punishment in the field of commercial companies that have become using modern technology, where previously unknown crimes have appeared that require the intervention of the legislator to set penal rules to punish violators of the economic and commercial systems in force.

Hence the problem of the study arose; Because the criminal penalties prescribed for combating crimes in violation of corporate provisions still include a set of traditional penalties included in the Penal Code and special legislation.

We have addressed through this research the positions of the criminal responsibility of the commercial company and the nature and conditions of that responsibility.

We also reached a set of results, most notably: the general rule is that criminal responsibility is personal, and only the person who committed the crime or participated in it is criminally responsible. However, the modern trend in punishment seeks to prosecute people who facilitated the commission of the crime because of their mere presence or because of their financial liability; we also reached a set of results, most notably: the general rule is that criminal responsibility is personal, and only the person who committed the crime or participated in it is criminally responsible. However, the modern trend in punishment seeks to prosecute people who facilitated the commission of the crime because of their mere presence or because of their financial liability; thus, it constitutes a departure from the principle of personal punishment. However, the criminal responsibility of legal persons does not prevent the liability of natural persons as principals or partners for the same facts. In terms of punishment, the law pertains to the commercial company with a special type of penalties: such as fines, confiscation, closure...etc.

By extrapolating the crime within the scope of commercial companies and the responsibility for them, it becomes clear to us that a large number of them can only be imagined by a special person and not an ordinary person, with regard to refraining from carrying out an obligation imposed by law, as this obligation falls on certain persons. The legislator intervenes by establishing the criminal responsibility of the commercial company and by imposing a set of rules that must be respected in the commercial field, and this is supported by the necessary sanctions with the aim of ensuring trust and credit among traders as well as ensuring the stability of the economic situation in the country.

Keywords: Corporate law, Penal law, Criminal liability of the commercial company.

DOI: 10.7176/JLPG/122-09

Publication date: July 31st 2022

[1] Dr. Fathi Anwar Ezzat, Economic Crime, Dar Al-Nahda Al-Arabiya, Cairo, first edition, 2009, p. 162.

[2] Dr. Muhammad Subhi Najm, Penal Code, General Section, The General Theory of Crime, 3rd Edition, Dar Al Thaqafa Publishing, Amman. p. 286.