Criminal Liability and Sanctioning the Legal Entity in the Romanian Law - Realities and Perspectives

• Author: Monica Pocora
• Pages: 146-150

European Integration - Realities and Perspectives. Proceedings 2017

146

Criminal Liability and Sanctioning the

Legal Entity in the Romanian Law - Realities and Perspectives

Monica Pocora1

Abstract: Over the past 25 years, Romania has entered into the market economy club, which means the

constant growth of the economic actors that carry out their commercial activities. Over time, criminal

activities conducted by legal entities have become more and more elaborate, so that there has been a need to

identify the shortcomings, complemented by effective measures to coerce the illicit activity, and identifying

prevention methods that appear to be effective. Moreover, the economic actors with transnational activities

have begun to take advantage o f the “favorable” jurisdictions of the illicit deeds, being more profitable. Thus,

in the context in which Romania receives foreign investors and, more recently, gives rise to companies with

international operations, the importance of modernizing and aligning the legislation on the liability of the legal

person with most European and even global jurisdictions becomes evident.

Keywords: criminal liability, legal person; prevention; repression

1. Introduction

In the light of the modernization needs of the Romanian legislative framework perceived during the

research, the de lege ferenda proposals are built on the ideas found in the paper, repeating certain

proposals already mentioned in the context of the suggestions for a European directive in the matter,

and also recommending to the legislator the adaptation of the Romanian legislation on the liability and

sanctioning the legal person to the current requirements by:

(1) increasing the general maximum of the fine sanction for the legal person;

(2) supplementing legislation on safety measures, in the sense of introducing a specific measure for the

legal person;

(3) the regulation of a legal attenuating circumstance specific to the legal person;

(4) completing the legal provisions on the complementary punishment of placement under judicial

supervision.

(5) completing the legal provisions on complementary punishment of the interdiction to participate in

public procurement procedures.

1 Associate Professor, Ph D, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati

800654, Romania, Tel.: +40372361102, Corresponding author: monicapocora@univ-danubius.ro.