جريمة التلاعب باسعار الاوراق المالية : دراسة مقارنة == The Crime Of Manipulating In Stock Prices Comparative Study
Author name:
عمار فاضل كريم
Supervisor name:
عمار عباس كاظم الحسيني
General topic:
Law
Specific topic:
Criminal Law
Degree:
Master
University:
University of Babylon - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Babylon
First pages:
13T1563 - p.pdf
Abstract:
تعرف جريمة التلاعب باسعار الاوراق المالية بانها افعال احتيالية يرتكبها الشخص منفردا او بالتواطؤ مع غيره للتاثير على سعر الورقة مالية في سوق الاوراق المالية للحصول على منفعة من خلال اصطناع فرق بين قيمة الورقة وسعرها، ولهذه الجريمة ثلاث حالات يسعى المتلاعب | The crime of manipulation in stock prices can be defined as the fraudulent acts committed by the person solo or in collusion with others to influence the price of the stock in stock exchange market in order to obtain benefit through producing a difference between value and price of equity, and this crime has three states that the manipulator in stock prices seeks to achieve it; which are either through making artificial rise in prices or either in seeking artificial decline in prices or the aim of that is the artificial stabilization of prices.Also the crime of manipulation in stock prices has many social and economic risks which can be seen in destabilizing economic stability and disrupting economic development and giving a misleading image about the value of equity, and finally the crime of manipulation in stock prices is considered as one the most important reasons of occurrence the economic crises.The fact that the material element of the crime of manipulation in stock prices can be achieved only through the positive behavior by committing any act which would compose false or misleading impression about stock prices, on the other hand the mental element of the crime, as well as the general intention, requires special intention stipulated by legislator which is creating false or misleading impression about the effectiveness of the market, besides it needs to do so a special basis through stock that represents the scene where the crime is committed. We dealt with the research theme in three chapters; we devoted the first chapter to identify the crime nature of manipulation in stock prices, the second chapter is devoted to explain the elements of the crime, and we set aside third chapter to demonstrate criminal effects of crime, then we concluded the study with the most important findings and recommendations
