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Algeria

Anti-Bribery and Corruption Laws in Algeria

Algeria
Source of law Law n°06-01 of 02/20/2006, relating to the prevention and fight against corruption, supplemented by Ordinance n°10-05 of 08/26/2010, and modified and supplemented by the Law n°11-15 of 02/08/2011. 
Offence 

Corruption means all offences provided for in Title IV of the said Law, especially from Article 25 to Article 47, which are, respectively and by way of example:  

  • bribery of public officials;  
  • unjustified privileges in the field of public procurement;   
  • bribery in the field of public procurement;  
  • bribery of foreign public officials and employees of international organisations;  
  • misappropriation of property by a public official and its illegal use. 
The bribe  
Is there a presumption that the advantage was given/received corruptly? Yes
Would facilitation payments be caught? If it is possible regarding the circumstances of each legal case. 
Would corporate hospitality be caught? This depends on several factors determining and evaluating the facts in relation to each situation. For example, the legal nature of the company, private or public, the concerned market or project, the identity and the job/administrative position of the person supported, etc. 
Is there any de minimis? No
Does the bribe have to be monetary? No
Public officials  
Does the offence only apply to bribing public officials? The private sector is also concerned by the legal provisions relating to the fight against corruption. 
Acts performed outside Algeria  
Can bribery performed outside Algeria be caught? Yes
Does the act also need to be illegal in the foreign country of performance? No
Who can be liable?  
Algerian nationals? Yes
Algerian company? Yes
Algerian partnership (including limited liability partnerships) incorporated? Yes
Director of Algerian company? Yes
Algerian company if the bribe is committed abroad by its foreign subsidiary? Yes
Foreign subsidiary of a Algerian company if the bribe is committed abroad? Yes
Foreign national/company/partnership if bribe is committed in Algeria? Yes
Foreign national domiciled or “ordinarily resident” in Algeria if bribe is committed outside Algeria? No
Foreign company/partnership if bribe is committed abroad? Yes
Penalties  
Penalties include: 
  • Corruption of public officials: Are punishable by imprisonment for 2 to 10 years and a fine of DA 200,000 to DA 1,000,000; 
  • Unjustified advantages in public procurement: Are punishable by imprisonment of 2 to 10 years and a fine of DA 200,000 to DA 1,000,000; 
  • Corruption in public procurement: Is punishable by imprisonment of 10 to 20 years and a fine of DA 1,000,000 to DA 2,000,000; 
  • Corruption of foreign public officials and officials of public international organisations: Are punishable by imprisonment of 2 to 10 years and a fine of DA 200,000 to DA 1,000,000; 
  • Misappropriation or illicit use of property by a public official: Is punishable by imprisonment of 2 to 10 years and a fine of DA 200,000 to DA 1,000,000; 
  • Embezzlement: Is guilty of embezzlement and punishable by imprisonment of 2 to 10 years and a fine of DA 200,000 to DA 1,000,000; 
  • Illegal exemptions and franchises: Is punishable by imprisonment of5 to 10 years and a fine of DA 500,000 to DA 1,000,000; 
  • Influence peddling: Is punishable by imprisonment of 2 to 10 years and a fine of DA 200,000 to DA 1,000,000; 
  • Abuse of functions: Is punishable by imprisonment of 2 to 10 years and a fine of DA 200,000 to DA 1,000,000; 
  • Of the conflict of interest: breach by a public official of the provisions of Article 9 of this law is punishable by imprisonment of 6 months to 2 years and a fine of DA 50,000 to DA 200,000; 
  • Illegal taking of interests: Is punishable by imprisonment of 2 to 10 years and a fine of DA 200,000 to DA 1,000,000; 
  • Default or false declaration of assets: Is punishable by imprisonment of 6 months to 5 years and a fine of DA 50,000to DA 500,000; 
  • Illicit enrichment: Is punishable by imprisonment of 2 to 10 years and a fine of DA 200,000 to DA 1,000,000; 
  • Gifts: Is punishable by imprisonment of 6 months to 2 years and a fine of DA 50,000 to DA 200,000; 
  • Hidden financing of political parties: is punishable by imprisonment of 2 to 10 years and a fine of DA 200,000 to DA 1,000,000; 
  • Corruption in the private sector: Are punishable by imprisonment of 6 months to 5 years and a fine of DA 50,000 to DA 500,000; 
  • The misappropriation of goods in the private sector: Is punishable by imprisonment of 6 months to 5 years and a fine of DA 50,000 to DA 500,000; 
  • Laundering of the proceeds of crime: The laundering of the proceeds of crimes provided for by this law is punishable by the same penalties provided for by the legislation in force in the matter; 
  • Concealment: Is punishable by imprisonment of 2 to 10 years and a fine of DA 200,000 to DA 1,000,000; 
  • Obstruction of the proper functioning of justice: Are punishable by imprisonment of 6 months to 5 years and a fine of DA 50,000 to DA 500,000; 
  • Protection of witnesses, experts, whistleblowers and victims: Is punishable by imprisonment of 6 months to 5 years and a fine of DA 50,000  to DA 500,000 
  • Abusive denunciation: Is punishable by imprisonment of 6 months to 5 years and a fine of DA 50,000 to DA 500,000; 
  • Non-reporting of offenses: Is punishable by imprisonment of 6 months to 5 years and a fine of DA 50,000 to DA 500,000. 
Defences  
Are there any defences available? 

In any case of presumption of corruption, and this is a major constitutional principle, any person prosecuted by the competent authorities is considered innocent of the facts with which he is accused as long as he has not been declared guilty by the competent court. 

On the other hand, the Algerian authorities are continuing their efforts in the prevention and fight against corruption through several measures and the adoption of a multifaceted strategy in the fight against corruption, a strategy based on numerous axes relating to on the moralisation of public life and the consecration of transparency and integrity in the management of public funds. 

To this end, the Central Office for the Repression of Corruption (O.C.R.C) was created to play the role of a central operational judicial police service specialising in the fight against corruption. It is responsible for recording offenses and searching for the perpetrators. The office reports to the Minister of Justice, and it has autonomy of action and management. The headquarters of the office is in Algiers.