Criminal Protection of the Principle of Freedom of Access to Public Services Through the Criminalization of Favoritism: An Analytical Study in Light of Law No. 06-01 Relating to The Prevention and Combating of Corruption

Abstract

This research aims to study the criminal protection of the principle of free access to public procurement through the criminalization of favoritism, in light of the provisions of Law No. 06-01 concerning the prevention and combating of corruption, as amended and supplemented. The analysis focuses on the legal framework of the crime of favoritism in the field of public procurement, by outlining its elements, the conditions for its establishment, and the most significant legal and practical issues it raises, given its connection to a field characterized by continuous development and a multitude of legislative and regulatory texts.

The research concludes with a set of findings and recommendations, most notably the need to strengthen corruption prevention mechanisms by activating codes of conduct and ethics for public service, and obligating all public employees to review and adhere to their provisions, while establishing effective mechanisms to monitor their implementation and evaluate compliance. It also recommends including explicit provisions in municipal and provincial laws that require elected local officials to undergo prior training in public procurement and professional ethics before their appointment, thereby contributing to the consolidation of the principles of transparency, equality, and free access to public procurement, and reducing favoritism practices.