جريمة التستر التجاري في النظام السعودي: دراسة تحليلية مقارنة

Abstract

This study seeks to answer the main question that represents the research problem, which is: What are the activities of commercial concealment that constitute a crime Under the Saudi law ? and how can they be controlled by identifying their considerations and constituent elements?

This is due to the fact that the new Anti-Commercial Concealment Law is based on detail and differentiation which did not exist in the previous law, and thus it did not consider the activities of commercial concealment equal in terms of severity, impact and legal treatment. The Law stipulated that such activities are of two degrees of legal responsibility.

Activities entailing criminal responsibility as stipulated in Article Three, and activities entailing administrative disciplinary responsibility as stipulated in Article Four. This serves as an important indication that the activities of commercial concealment differ in terms of degree and severity, and therefore, it is not possible to equate the act of empowerment and actual practice with the act of possession and the use of illegal tools, which are basically acts paving the way to empowerment.

The study concluded that particularly important considerations and elements should be available and achieved in the practices of commercial concealment for the activity to be described as a crime.

In the event one of these elements is completely or partially disrupted in terms of existence or non-existence, then the practice falls beyond the scope of criminalization, such elements are represented in empowerment, practice and denial of authorization.

The study recommended the importance of controlling these elements in a more specific and meticulous way given their relation to whether criminalization occurred or not, along with activating prevention methods and tightening control to prevent the spread of this crime.