Substantive Criminal Protection for Government Contracts

Abstract

The contract in itself cannot be a source of criminalization and punishment, but the penal legislator may estimate the danger of breaching some contracts concluded by the administration in view of the negative effects that result on the administration itself and on the citizens who benefit from the service or commodity that is the subject of the contract. The principle is that the government contract is subject to the general rules that regulate contracting affairs. Accordingly, the administration may not consider certain acts as crimes, regardless of the gravity of the violation committed by its contracting party. The Penal Code is unique in that it has quite a few penal texts that include defining the types of crimes related to government contracts concluded by government entities, whether these texts are in the Penal Code or in private laws.