The penal response to the violation of construction contracts in the penal legislation The crime of building without a license as a model

Abstract

Building without a permit constitutes an offense according to the Building codes. The basis of this crime is the construction of works without a building permit, with the inclusion of a penalty corresponding to this intentional crime which tends to a fine and is severe in the event of recidivism, even if there is a difference in the amount and type of sanction between the modified and completed law 90-29 and the law 08-15, the authority to order the demolition being granted only to administration. This crime is also distinguished by its particularity in the criminal prosecution, since the inspection is essential, it is the competence of a group of sworn persons whose role is to monitor and inspect the land. exercise its jurisdiction, it must seize the case of construction without a permit, whether through the normal channels of the Public Prosecutor or the injured person. And what is new in the file for this crime is to allow the associations to constitute themselves as civil parties.