Legal person - active topic of corruption infractions

• Author: Gina Negrut - Adriana Stancu
• Position: Police Academy, Bucharest, Romania - University of Galati, Galati, Romania
• Pages: 110-115

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2013), pp. 110-115

110

LEGAL PERSON – ACTIVE TOPIC OF CORRUPTION INFRACTIONS

G. Negru, A. Stancu

Gina Negru

Faculty of Law,

“Alexandru Ioan Cuza” Police Academy, Bucharest, Romania

*Correspondence: Negru Gina, 7b Cameliei St., Ploieti, Romania

E-mail: ginanegrut@yahoo.com

Adriana Stancu

Legal Faculty of Social and Political,,

“Dunrea” University of Galai, Galai, Romania

*Correspondence: Stancu Adriana, 4 Roiori St., Galai, Romania

E-mail: ruvia_0777@yahoo.com

Abstract

In the context of the changes occurred in the international legislation, under the

circumstances of the necessity of amortize the penal legislation with the provisions of the

European legislation concerning the corruption, Romania made efforts in adopting the Law

no. 70/2000, regarding the prevention, identification and retribution of corruption deeds

1

with the aim of counteracting the illicit activity of some category of persons who, using the

positions and attributions which they should carry on, broke the law with the aim of gaining,

for them or for other persons, money, goods, and other material benefits. In this context it

becomes necessary to analyze the opportunity of incriminating the corruption deeds

committed by the legal person as an active topic of these categories of infractions.

Keywords: criminal liability, sanctions, legal person, natural person

Introduction

The corruption phenomenon exists from the dawn of time, the corruption as universal

social phenomenon developed along with the society, with the state and the right, getting new

forms of existence. At present, it manifests as a phenomenon typical for the bureaucratic state,

budgetary, representing a threat for democracy, circumventing the good administration,

equity and social justice principles, denaturing the competition and impeding the economical

development of the state and the stability of democratic institutions.

This phenomenon can be identified both in underdeveloped countries, where the corruption

phenomenon is favored by the lack of authority of the administration, leading to an

inadequate reaction towards the corruption acts, increasing this phenomenon to exacerbate

dimensions following the dictatorial character of the administration, culminating with the

dissemination of the corruption at all high levels of the political hierarchy

2

, and also in the

countries developed from economical point of view, with stabile, traditional democracies,

which are capable, due to the competence and stability of the legal system, to counteract the

effects of the large corruption scandals, out of which businessmen and politicians were

incriminated in countries as Italy, Latin America, France, Japan, United States of America

3

.

1

Published in the Official Journal (OJ) no.219, dated on May 18

th

2000.

2

V. Dobrinoiu, Corupia în dreptul penal român, Atlas Lex P ublishing House, Bucharest, 1995, pp. 6.

3

V. Dobrinoiu, Corupia în dreptul penal român, op. cit, pp . 22.