The Penalties in Economical Crimes

Discussion Committee: 
Dr. Fady Shadeed - Supervisor
Dr. Mohamed shraqah - Co-supervisor
Dr. Jehad Keswanee - External Examiner
Dr. Nael Taha - Internal Examiner
Dr. Fady Shadeed
Dr. Mohamed shraqah
Murad Zeiad Ameen Tayem
This study aims at investigating the penalties in economical crimes . The study of the penalties has two chapters and conclusion , the first one is about the person who is responsible directly for committing the economical crime and the others who share him this responsibility because of the development in all aspects that have happened recently which include some persons who are also responsible for these crimes because of the others. Also, the width in the economical field has affected this subject matter in creating updated crimes differ from traditional ones due to the involvement of a hidden subjects who act throughout their members and representatives in committing these economical crimes. So, the nature of those persons who may be accused in economical crimes differ from who are responsible according to the criminal law . As a result of this, the Arabic legislations included the Palestinian ones have widened the range of the penalties in the in economical crimes. More over, the first chapter explained the kinds of these penalties which have two folds; criminal and non-criminal penalties; the former includes death penalty , imprisonment like penal servitude for ever or stay of execution decisions in addition to the financial punishments like fines and seizer . The researches have shown that most of the recent legislations included the Palestinians have excluded some of criminal penalties like death penalty and penal servitude whereas other Arabic countries adopted them for the most dangerous crimes. As for the imprisonment penalties , it has been shown that they are the most common in the economical laws of the Palestinian legislations for its roles in prevention the transgressors who are afraid from prison. Also, it has been shown the importance of the financial punishments in case of aggression on the public affairs because it punish the person in his financial desires which makes him committing this kind of crimes from the public treasury. Furthermore, it has been explained that the financial punishment have more important effects than physical ones because of the basic goal of the punishment in the economical crimes is not to harm the doer instead , it aims at getting back the public properties , fixing the damage and depriving the doer from the benefits of committing the crime . Financial punishments have flexible role in affecting both the normal and moral persons. As for the non- criminal penalties, the vary and has widespread in the legislations organizing the economical life and suitable to be applied in economic crimes more than in traditional ones as a result of its punitive effect side by side with financial one. These penalties are considered a precautions procedures which aim to affect the person's individuality, fame, vocational activity and financial obligation .They can be applied among moral persons in several forms like business closure, seizer and financial fines. The second chapter which has two sections ; the former investigates specialty of the personal conditions that decide the severity of the penalties of the economical crimes dealing with its moral side and reasons like willfully and un-willfully intention in committing the crime. The economical crimes are considered willful crimes and the responsible person must improve his unwilling in committing the crime so as to guarantee not accusing him legally about the crime. Also, it investigates the financial conditions that relate to the crime and make it more languorous like the participations, the characteristics of the doer and the time of the crime. These conditions decide its severity of the economical crimes. The effect of multiplicity of the crimes and punishments has been investigated . It has been demonstrated that each crime has its own punishment independently without gathering them and take the most one .In dealing with the multiplicity of the crimes , clear regulations are available indicating that combining the punishments for economical crimes is illegal. The later deals with the specialty in decreasing the penalties in the economical crimes as a results of some rational excuses which decrease the punishments in economical crimes that exclude the stay of execution decisions in this kinds of crimes. The conclusion contains the researcher's results and recommendations of the study.
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