The penal treatment of banking secrecy under law no.23-09, promulgating the monetary and banking law
Keywords:
Banking secrecy, Penal protection, Disclosure crime, Financial information.Abstract
The Algerian legislator has consistently recognized the sanctity of
private life through its enshrinement in various constitutions, which
includes the inviolability of the financial information of bank clients and
information related to banking and financial institutions themselves. This
principle has been consecrate it in successive monetary, banking, and credit
laws, culminating in Law No. 23-09 concerning Money and Credit, where
this principle was established by imposing a duty to maintain banking
secrecy on both individuals and entities managing the bank, its employees,
and those outside the banking entity. Furthermore, it has been surrounded
by penal protection to ensure its inviolability.
Through this study, we will attempt to clarify the concept of banking
secrecy by defining the objective scope of the information that must be
kept confidential and not disclosed, identifying those concerned with this
duty, and finally, the measures provided by Law No. 23-09 concerning
Money and Credit to prevent and deter this crime, if necessary
