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

Author:Monica Pocora
Pages:146-150
SUMMARY

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 ... (see full summary)

 
FREE EXCERPT
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.

To continue reading

REQUEST YOUR TRIAL