Drawing to the Criminal Liability of the Legal Person

• Author: Petrut Ciobanu
• Profession: Faculty of Law, University of Bucharest, Romania
• Pages: 149-153

Drawing to the Criminal Liability of the Legal Person

Associate professor Petruț CIOBANU

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Abstract

Legal entities, other than those excepted, are criminally liable whether they are

public or private. The guilt of the legal person refers to the organs and its organization,

so that establishing the guilt of the natural persons who make u p the bodies of the legal

person is equivalent to esta blishing the guilt of the legal person concerned. The judicial

bodies must establish the rules and practices existing in the organization and functioning

of the respective legal person, and if it turns out that the bodies of the legal person have

decided, have known or have not prevented, based on the levers available, the commission

of crimes, the liability can be committed criminal of the legal person, if the form of guilt

required by law for the examined crime is fulfilled.

Keywords: criminal liability, legal person, criminal offense, criminal law.

JEL Classification: K14

1. Introductory considerations

The procedure regarding the taking to criminal liability of the legal per-

son is regulated in the Code of criminal procedure, the special part, special pro-

cedures, title IV, chapter II, art. 489-503.

We appreciate the fact that a series of articles in Title IV, Chapter II do

not represent the special provisions, but demonstrate that certain institutions are

applicable to legal entities as well.

Thus, according to the provisions of art. 489 paragraph 1 of the Code of

Criminal Procedure entitled "General provisions", "the provisions of the code ap-

ply to legal persons who commit crimes, in carrying out the object of activity, in

the interest or on behalf of the legal person".

We consider this statement to be superfluous or unnecessary, because ac-

cording to the criminal law, these are the conditions under which the liability of

the legal person can be incurred.

2. Drawing to the criminal liability of the legal person

By Decision no. 21/2016

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pronounced by the Completion for the unrav-

eling of some questions of law in criminal matters within the High Court of Cas-

sation and Justice regarding the interpretation of the provisions of art. 90 letter c)

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Petruț Ciobanu - Faculty of Law, University of Bucharest, Romania, petrut.ciobanu@

drept.unibuc.ro.

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Published in the Official Gazette no. 884 of November 04, 2016.