Establishing the principle of legal security in light of the specificity of the criminal law of business in Algerian legislation

Abstract

Legal security is one of the most important principles that states strive to achieve, with the aim of maintaining the stability of the legal positions of individuals when developing their legislation related to rights and freedoms, which prompted the Algerian legislator to devote it according to the text of Article 34 of the last constitutional amendment of 2020. However, with reference to what the legislation requires in the field of criminal law for business, it is quick to adapt to the reality of business in order to protect public money and maintain the economic security of the state, which jurisprudence calls the term "adapting the legislative base". Nonetheless, this adaptation may prevent the achievement of legal security. This study aims at addressing the concept of legal security, its importance, and the foundations on which it is based. Then, there is an attempt to show the most important aspects of violating the principle of legal security in light of the specificity of business crimes.

One of the most important findings that we have reached is that despite the Algerian legislator’s endeavor to establish the principle of legal security constitutionally, its achievement in light of the specificity of the legislation for business crimes remains only relatively, as it is considered a flexible, vulnerable, and rapidly developing law with the aim of protecting economic security.