The role of criminal law in protecting the foreign investor
Assistant Professor ahmed elmaraghi
Criminal - Law - Helwan
Abstract
The role of criminal law in protecting the foreign investor (A comparative analytical study in the light of the laws of Kuwait, the Emirates, Saudi Arabia and Egypt) Written by Dr. / Ahmed Abd Allah Abd El Hamed Abd El Rahim El Maraghi Assistant Professor of Criminal Law, College of Law, Al-Asalah Private College, Dammam, Saudi Arabia Member of the teaching staff of the Department of Criminal Law, Faculty of Law, Helwan University, Cairo, Arab Republic of Egypt Summary of research presented to the seventh annual international conference at the Kuwait International College of Law entitled "Legal Organization for Investment Development" Kuwait 19-20 April 2020 Since its inception, mankind faced the crime phenomenon as one of the human phenomena, and it was suffering from its negative effects on the individual and the group, but what was always concerned about it is the high rates of it and the emergence of new types and patterns of crime and the extent of its scope, which made it in a permanent conflict with the phenomenon of crime, as it was accompanied by the development of societies In the patterns and forms of crime until this era came, in which serious crimes and a bad impact on all of humanity appeared, committed for various purposes, the most prominent of which are crimes that fall on money and commit a desire to obtain money and a desire to get rich quickly in an illegal way, whether they are new crimes or T Lydia committed modern means, and whether committed by natural or legal person, whether committed by an individual or a company or state against an individual, group or state. Whereas financial, economic and investment crimes have a negative impact on capital attracting, the movement of financial markets, the establishment of viable commercial and industrial projects, and on economic development as a whole, it was important to highlight the most prominent crimes on the investment process. Investment crimes are considered part of economic and financial crimes, because investment is a method of earning and developing money. Whatever falls on money from traditional or newly developed crimes falls on investment as well. Therefore, investment crimes in terms of their identification and statement of the penalties prescribed for them are contained in the ordinary penal law as they are presented. In complementary laws, such as the Economic Penal Code. Investing money despite its importance and being necessary in economic development in the eyes of Islamic law and other economic systems; it is often subject to crimes and violations against it that call for intensifying efforts to protect it and achieve its security, including conducting specialized scientific studies. Despite the criminal law’s interest in investment criminality, given that the national economy is the mainstay of society and the cornerstone of its rise and permanence, this law was conducted to deal with corruption in the context of public office crimes, and from a angle far from protecting the economy, which constituted a rhetorical rift between the criminal law and one of the fundamental interests The society represented in protecting the national economy from the harmful effects of corruption, on the one hand, and the developments and changes taking place that raised corruption to the level of economic crimes. However, investment crime has emerged as a cause for concern since World War II (1939-1944 ). It is recognized that the investment is linked to the desire to obtain the profits, so that they do not imagine their separation from each other, and this association between the two ideas makes the exit of the investor to the law a matter expected from the criminal angle, which requires the street to develop an appropriate criminal policy.
Keywords
" Criminal Law, Protection, Foreign Investor "
