The Penal Responsibility of the Personal Entity about the Economic Crimes

Discussion Committee: 
Dr. Fady Qasem Shadeed
Dr. Ghazy Dweekat
Rami Yosef Muhamed Naser
This study aims at investigating the Penal Responsibility of the in the personal Entity Economic Crimes. For achieving the purpose of the study, it was divided into two chapters, each one is divided into several sub- sections. The first chapter includes several subjects, the accusation of the personal Entity for the penal responsibility, the jurisprudential differences about this accusation which has two sides, the first one deals with people who deny this responsibility in the economic crimes depending on some evidences. The other side supports this responsibility as a result of the development and enhancement of the activities of such persons in the recent centuries which caused hazards that effect the community safety. Consequently, most of the legislations including the Palestinian one- have adopted the accusation of the personal Entity for the penal responsibility. Moreover, the Palestinian legislation insisted this responsibility in the economic laws which accuse both the ordinary and the penal persons from this responsibility. Furthermore, this chapter includes the distinguished personal Entity who are subjected for the penal responsibility . Those persons are from different kinds like general management persons and particular ones who are- and according to this study- the only individuals who are responsible for the economic crimes . The responsibility which are shouldered by this kind of these individuals are found in the Jordanian Punishment Law( Item 2/74) valid in Palestinian courts since the year of 1960. On the other hand, the former kind of persons cannot be accused for the reason that he has no motives to commit crimes, but in contrast, his motives are for the public benefits like education, health and security. However, this kind will be charged for civil responsibility including the compensation for the damages affecting the others. Chapter two consists of two sub-sections , the first one tracks the legal system of the Penal Responsibility of the Juristic Person in the Economic Crimes and its procedures. In particular, legal system is in demand in order to carry on the punishment throughout several procedures implementing by legal Police who has several duties like inspection, searching for crimes, seizing, documents researching and sample- evidence collecting. The police individuals are responsible for proving this kind of crimes committed by personal Entity and reporting these crimes. However, the personal Entity has the right to defend himself throughout opposite reports and contradictions . The Attorney General is the only authority for establishing the lawsuit supported by the first item in the Palestinian Procedure Law (2001) and according to the Palestinian Attorney General decision No.(28/2006) which established a private prosecution dealing with this subject. On the other hand, although the Palestinian legislator has permitted the public prosecution the responsibility to establish and activate the law case, the administration has been given the choice to activate the law case and to resort on two choices. The former in the reconciliation according to the item (39) of the Palestinian Income Tax Law. The latter is the activation of the lawsuit according to the item (31) of the Palestinian Money Laundry Law. Moreover, this sub-section includes the court responsible for lawsuit, its specialization in addition to the representative of the defendant. The second sub- section includes the punishment system against the personal Entity in the Economic Crimes . Also, the objections on the verdicts and the difficulties of implementing these verdicts like imprisonment and execution are includes in this sub-section. However, and as a result of these difficulties , several verdicts have been established as an alternatives for imprisonment and execution . These verdicts are the reconciliation as an alternative to the execution, closing the firm as an alternative to the imprisonment , the fine in addition to civil economic and disciplinary punishment. The Palestinian legislator has put several intensification against the personal Entity as a result of the sever dangerous effects on the community economic and safety. Although of these intensification, the personal Entity could be treated as an ordinary person in term of completing the punishment which the Palestinian laws do not include completing the punishment . Accordingly, and for the absentees of the special account in this field, we must resort on the Palestinian Procedures Law against the personal Entity. Finally, the study conclusion has been made including several results and recommendations in this respect.
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