Criminal Policy on Business Offences: When Legal Excuses Are Instrumentalised to Safeguard the Economy

Abstract

This study seeks to highlight the modern orientation of criminal policy in the field of business offences, by analysing the phenomenon of instrumentalising legal excuses as an exceptional mechanism for addressing these complex crimes. The Algerian legislator, in line with many comparative legal systems, has established both substantive and procedural legal excuses, the latter often justified by economic considerations such as encouraging investment and protecting the business environment. Through this research, we sought to shed light on these excuses while analysing the extent to which they align with the requirements of legal certainty and balance economic protection with criminal justice, in light of practical legal models and comparative approaches.