Criminal Liability of the Legal Entity

Author:Ciprian Cretu - Andreea Alexa
Position:Master Student, Danubius University of Galati, Faculty of Law, Romania - Master Student, Danubius University of Galati, Faculty of Law, Romania
Pages:86-89
SUMMARY

Economic and financial crimes committed by individuals through legal persons grew every year in Romania after the communist era while court decisions have varied in their final sentences. The lack of jurisprudence in this field has led to a slow development of legislation covering all areas that individuals and legal persons use them to commit this infraction.

 
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European Integration -
Realities a
86
Crimina
Cip
Abstract:
Economic and financial c
Romania after the communist era w
jurisprudence in this field has led to
legal persons use them to commit th
criminals that get around the law a
present and explain a number of R
applied law led to encouraging this
behalf of them, infractions tha
t led
theorists and pr actitioners in the
observations, conclusions and propos
Keywords:
natural person, penalties
1. Introduction
subjec
ts of rights and obligations. In
prov
ided criminal liability of both
However, “
in case of public institut
from crimi
nal liability. For example
public school may be held criminall
(Jurma, 2010, p. 131)
1
Master Student, Danubius University of Ga
Tel.: +40372 361 102, f
ax: +40372 361 290
2
Master Student, Danubius University of Ga
Tel.: +40372 361 102, f
ax: +40372 361 290
es and Perspectives
inal Liability of the Legal Entity
Ciprian Cre
u
1
, Andreea Alexa
2
l crimes committed by individuals through legal persons grew eve
a while court decisions have varied in their final sentences. Th
to a slow develop me
nt of legislation covering all areas that indiv
t this infraction. Romanian law has failed to keep up with the ing
and gets a mere administrative or penal fine. In this art
icle th
Romanian jurisprudence decisions and problems that lack of a
is type of economic crimes among individuals through legal pers
led to damage to the state patrimony.
This paper ma y be usefu
he fi eld. The essential contribution of this paper c onsists o
posals made by
lex ferenda regarding the subject examined.
ies under criminal law, crime
as argued that “legal relations are social relation
ut these do not act only in an
isolated manner, as indivi
Thus, with individuals, these groups of people make u
rtain requirements expressly specified by the law, ar
. In this manner, the legal entity represents that subje
meets the conditions set by law in order to acquire th
, a group of peo
ple, which, by possessing the qualifica
jective rights and civil obligations“. (Cuneanu, 2007
tive entities that can be held criminally liable, the
oth legal persons of private and those of public la
tion according to which the State, the public authorit
that may not be of privat
e domain cannot be held cri
itutions one has to analyze for each case, to what exte
legal entity of private law, in which case they will no
ple, can the activity conducted by a school or universit
is positive, since although the educational activity is a
te schools, not just by
the public schools. In these circu
ally liable for the offences under Article 19
1
of the Cr
Galati,
Faculty of Law, Romania.
Address: 3 Galati Blvd, 800654
90
. Corresponding author : ciprian.cretu@idanubius.ro.
Galati,
Faculty of Law, Romania.
Address: 3 Galati Blvd, 800654
90
. E-mail: andreea.alexa@idanubius.ro.
2013
every year in
The lack of
ividuals and
ingenuity of
the authors
f a properly
ersons or on
eful both to
s of crit ical
ons that can be
ividuals, but also
e up these social
, are likely to be
bject of civil law
e that status. It is
fications required
07, p. 4)
e legislature has
law. The latter,
orities and public
criminally liable.
extent could their
not be exempted
rsity be subject of
a public service,
ircumstances, the
Criminal Code
.”
54 Galati, Romania
.
54 Galati, Romania
.

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