The Offense of Favoritism in Public Procurement under Law No. 06/01 on the Prevention and Combating of Corruption

Abstract

The offence of favoritism, as provided for under Article 26 of Law No. 06/01 on the Prevention and Combating of Corruption which replaced Article 128 bis of the Penal Code repealed by the Anti-Corruption Law consists in a public official granting unjustified advantages to others in the context of public procurement in its broad sense, with the intent to violate the legislative and regulatory provisions governing such contracts. This offence is typically conceived as involving an offer from the beneficiary and acceptance by the public official of the benefit to be obtained in the event of being awarded the contract. In other words, the public official grants undue and unjustified advantages to a third party (without obtaining them for himself), particularly by deliberately favoring one of the candidates. It is a formal offence, established even in the absence of any resulting harm, and is punishable under Algerian law.