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Under the headline: “Investigation Threatens to Eliminate Port!” Al-Akhbar newspaper wrote: Judge Fadi Sawan, judicial investigator of the Beirut port crime, under Article 210 of the Penal Code, claimed the administration and the investment of the port of Beirut as a legal person criminally responsible for the crime of the port of Beirut Article 210 of the Penal Code establishes that legal persons “are criminally responsible for the actions of their directors, members of their management, representatives and workers when they attend these activities on behalf of the aforementioned bodies or through one of their means.”
The seriousness of Sawan’s decision lies in his fix of legal, economic and political repercussions that eliminate what the port explosion did not eliminate. This decision may lead to turning the port into a compensation fund, rather than insurance and reinsurance companies.
The application of the text of article 210 of the Penal Code to the management and investment of the port of Beirut and to prosecute it as a legal entity that does not conform to its hybrid legal nature, in the absence of a legal text that defines the status of the port after its transfer to state supervision. The reality of the previous and current deals does not make it a public institution that manages a public service and has no independent legal personality from the Lebanese state.
According to legal experts, it is not possible to claim the management and investment of the port of Beirut as a legal person isolated from the persecution against the Lebanese state, unless it is intended to protect those responsible for the crime of the port by transferring the obligation of personal compensation to the affected persons to the Lebanese state and from public funds and not from its private funds.
Saying otherwise will make the administration and investment of the port of Beirut, as a legal entity, criminally liable for the actions of its directors, members of its administration, representatives and workers, and will thus also be responsible for the civil obligations that may be awarded in benefit of those affected by shipping companies, insurance companies, shipowners and relatives of victims and affected in the regions. Neighbour. Consequently, the Port of Beirut will be transformed from a state-owned and public utility to a compensation fund for local and foreign companies, and all those affected by the Beirut Port explosion, regardless of the nature of their damage. , whatever their character or nationality. Consequently, this will allow precautionary and executive seizures to be overturned on all the public assets of the State in the port with all its investment, real estate and financial elements. These results and repercussions will become more acute when an international investigation is carried out before any international judicial body, since these reservations become an international ban and the port does not have legal and international validity as a port of navigation. A legal expert believes that this may “exacerbate the legal and political consequences of the Beirut port bombing and will lead to the total loss of the Beirut port by the state. If it does not lose it in the explosion, it will lose it in the investigation and not It will be possible to recover it if not by assigning it and selling it to someone who pays compensation, and thus the port of Beirut becomes victim and victim of crime. For an actor in this crime, and what we did not lose as a result of the explosion, the Lebanese people will lose as a result of the investigation. “
