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It is obvious that the criminal law creates fear and must necessarily deserve the respect of the whole society. So, it is up to OHADA and the State parties to decide that these deviant and anti-social acts or behaviors be treated with severity than the deviant behaviors that are committed in the street, because closing the eyes on corruption, fraud that some legal persons use, and other crimes related to the environment, the non-observance of the conditions imposed on the mining companies just by the taste of ambition to attract investors or simply by the fear of losing them, gives the very unhealthy impression to think that the legal persons invested with the economic power are above the law.The introduction of the criminal liability of legal persons in the community legal arsenal becomes a means of ensuring the legal and judicial security that OHADA advocates and of making effective the issue of equality of all stakeholders in the business world before the criminal law and purifying the business environment of its slag.
About the author
MUTOLO OWANGA Pietro II: avvocato presso la Corte d'appello e assistente presso l'Università panafricana del Congo (U.PA.C) e altrove. Responsabile delle questioni legali della Fondazione FONBOBB. Autore del libro "La nécessité de la responsabilité pénale de la personne morale à l'épreuve du législateur OHADA".
