The role of the criminal judiciary in recovering criminal proceeds from corruption crimes

Imene BOUGUESSA; Yahia BEDAIRIA

doi:10.34174/m8fjwm70

Auteurs-es

Imene BOUGUESSA Laboratory of Legal and Political Transformations, Faculty of Law, University of Jijel, Algeria
Yahia BEDAIRIA Faculty of Law, University of Tébessa, Algeria

DOI :

https://doi.org/10.34174/m8fjwm70

Mots-clés :

corruption, corruption crimes, seizure freezing, recovering criminal, asset recovery

Résumé

The Algerian legislator has approved a number of legal mechanisms that the criminal judge resorts to with the aim of recovering assets obtained from corruption crimes. These mechanisms have varied, some of which are related to confiscation and others related to freezing and seizure, as the assets looted by corruption constitute a serious problem for the leakage of state funds, as these lead to Financial losses affect the national economy and deplete development resources. Most of the legislation has sought to make efforts at the international level in order to create mechanisms to implement asset recovery operations once they are transferred abroad, and to focus on tracking financing and eliminating obstacles that prevent the recovery of these funds.

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Références

Sources:

Presidential Decree No. 04-128 dated April 19, 2004, which ratified the United Nations Convention in New York on October 31, 2003. Official Gazette, Issue No. 26, dated 2004.

Law No. 06-01 dated February 20, 2006, on the prevention and combating of corruption. Official Gazette, Issue No. 14, dated 2006. Amended and supplemented by Order No. 10-05 dated August 26, 2010. Official Gazette, Issue No. 50, dated 2010. Further amended and supplemented by Law No. 11-15 dated August 2, 2011. Official Gazette, Issue No. 44, dated 2011.

Books:

Al-Sharif, Saeed Kamal. "Organized Crime in Comparative Law." Dar Al-Nahda Al-Arabiya, 1st edition, Egypt, 2001.

Mahmoud Sharif Bassiouni. "Money Laundering: International Responses and Regional and National Efforts." Dar Al-Shorouk, Arab Republic of Egypt, 1st edition, 2004.

Articles:

Samia Belgharaf. "Asset Recovery from Corruption Crimes." Journal of Rights and Freedoms, Issue 2, 2016.

Hussein Hayat. "Mechanisms of International Cooperation for Asset Recovery from Corruption Crimes in Light of the United Nations Convention against Corruption." Journal of Legal and Political Studies, Issue 11.

Lakhdar Rabhi. "International Cooperation for the Recovery of Assets Obtained from Corruption Crimes." Legal Studies Journal, Volume 6, Issue 2, 2019.

Nabil Malikia. "International Cooperation in the Recovery of Assets Obtained from Administrative Corruption Crimes." The Professor Researcher Journal of Legal and Political Studies, University of M'sila, Issue 3, 2016.

Emad Ali Rabat. "Methods of Recovering Smuggled Assets Obtained from Corruption Crimes and the Position of Iraqi Legislation." Al-Qadisiyah Journal, College of Law, Iraq, Volume 10, Issue 1, 2019.

Electronic references:

Nermin Marmish, "The Regulative Framework for Asset Recovery at the Local and International Levels," Birzeit University Journal, Birzeit, Palestine, 2015.