Corporate Criminal Liability in Sphere of Illicit Drug Traffic in the People’s Democratic Republic of Algeria

Purpose: study the regulation in the sphere of drug trafficking control based on judicial practice and doctrinal provisions and to identify the peculiarities of criminal liability of legal entities for drug offenses in the People's Democratic Republic of Algeria. Research methods: the study is based on content analysis of documents, special-legal methods (interpretation and formal-legal method), methods of juris linguistics and consider comparative in nature. Conclusions: regulation in the sphere of drug trafficking control is complex. A number of laws contain blanket and reference norms. Comparing the Algerian and other Arab legislation reveals common features and distinctions related to the criminal liability of legal entities the approach to the definition and terms is similar; the list of drug offenses for which juridical persons can be prosecuted is exhausted, but it can be expanded, taking into account the firmly established case law broader interprets the applicable legislation. The term of such punishment as temporary closure is more lenient in comparison with that provided for by the criminal law, unlike the fines, which are multiples of either the amount of fines provided for individuals or the value of confiscated goods. The author has highlighted procedural peculiarities of bringing legal entities to criminal liability, as well as jurisdictional principles. Scientific and practical significance: with the regard to the specific combination of religious and secular principles in the Arab legislation and linguistic specifics, the research contributes to filling the gaps in understanding modern anti-drug legislation of the People's Democratic Republic of Algeria, as well as the issues of corporate criminal liability. The results of the study can be taken into consideration in the developing Russian legal framework of criminal liability of legal entities and used in the context of further studies of Algerian law and interaction with the country.

Authors

Publication Details

Journal
Drug control
Published
2024-08-29
DOI
https://doi.org/10.18572/2072-4160-2024-3-23-29
Primary Topic
Crime, Illicit Activities, and Governance
Type
article
Field-Weighted Citation Impact
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article

Corporate Criminal Liability in Sphere of Illicit Drug Traffic in the People’s Democratic Republic of Algeria

Alyona Tsyplakova
Drug control
Crime, Illicit Activities, and Governance
article

Corporate Criminal Liability in Sphere of Illicit Drug Traffic in the People’s Democratic Republic of Algeria

Alyona Tsyplakova
article en

Abstract

Purpose: study the regulation in the sphere of drug trafficking control based on judicial practice and doctrinal provisions and to identify the peculiarities of criminal liability of legal entities for drug offenses in the People's Democratic Republic of Algeria. Research methods: the study is based on content analysis of documents, special-legal methods (interpretation and formal-legal method), methods of juris linguistics and consider comparative in nature. Conclusions: regulation in the sphere of drug trafficking control is complex. A number of laws contain blanket and reference norms. Comparing the Algerian and other Arab legislation reveals common features and distinctions related to the criminal liability of legal entities the approach to the definition and terms is similar; the list of drug offenses for which juridical persons can be prosecuted is exhausted, but it can be expanded, taking into account the firmly established case law broader interprets the applicable legislation. The term of such punishment as temporary closure is more lenient in comparison with that provided for by the criminal law, unlike the fines, which are multiples of either the amount of fines provided for individuals or the value of confiscated goods. The author has highlighted procedural peculiarities of bringing legal entities to criminal liability, as well as jurisdictional principles. Scientific and practical significance: with the regard to the specific combination of religious and secular principles in the Arab legislation and linguistic specifics, the research contributes to filling the gaps in understanding modern anti-drug legislation of the People's Democratic Republic of Algeria, as well as the issues of corporate criminal liability. The results of the study can be taken into consideration in the developing Russian legal framework of criminal liability of legal entities and used in the context of further studies of Algerian law and interaction with the country.

Drug control
Gender equality
Openalex Percentile: Top 73%
Crime, Illicit Activities, and Governance
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