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The issue of banking secrecy holds critical strategic importance, as it is directly linked to the economic policy of any state. The banking system constitutes the backbone of economic security, and banking secrecy forms the core of the banking system itself. Strengthening confidentiality within the banking sector is fundamental to creating a stable and secure investment environment. Conversely, any weakening of banking secrecy inevitably undermines trust in the banking system, due to the erosion of a key factor in attracting foreign capital and encouraging domestic savings. The consequence is a forced reliance on various forms of internal financing, a turn toward external borrowing due to liquidity shortages, or a resort to non-conventional financing through monetary issuance to cover budget deficits and repay public debt (i.e., printing money). This study aims to define the criminal consequences arising from the offense of disclosing banking secrets and to delineate the scope of liability of banking institutions, whether traditional or emerging, in their capacity as legal entities, when one of their members or legal representatives commits the crime of divulging client secrets outside the cases where the law mandates disclosure. It also examines the extent to which the functional status of the natural person perpetrating the disclosure affects the attribution of criminal liability to the bank. Moreover, the study seeks to assess the extent to which the Algerian legislator has succeeded in balancing the protection of banking secrecy as a general rule and principle against the requirements of combating money laundering, terrorist financing, and international intelligence gathering in this domain, regarded as exceptions and limitations to the principle of banking secrecy. The study concludes that the Algerian legislator must regulate the currently scattered provisions concerning banking secrecy within a unified legislative framework or at least a dedicated chapter. It also recommends adopting a wise, pragmatic policy aimed at achieving a smart balance between combating financial crime at the national level and meeting the requirements of international financial intelligence, while seriously enforcing banking secrecy rules to safeguard the sector’s prestige and trustworthiness. |
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