Autor: Sebastian BODU, Ciprian BODU
Publicat în: Revista Dreptul nr.4/2016
Disponibil online: aici.
Titlul lucrării în engleză: Offences provided in Article 273 of the Law No 31/1990 on companies. Comments from the mixed civil (legal relationships between professionals) – criminal perspective
Abstract: The offences regulated by the Law No 31/1990 on companies form a domain relatively little explored by the criminal law specialists and quasi-unexplored by the civil law specialists. This study deals with those offences grouped within Article 273. These offences have a few specific elements. First, the active subject of the legal rule hypothesis is qualified, namely a person that holds a certain quality of company member. Secondly, the hypothesis of criminal rule contains elements of company law, which can be found in other articles of the Law No 31/1990. By the fact that the hypotheses of the offences provided in Article 273 are part of the company law, first it is the duty of the civil law specialist to decode the meaning of the material rule, because a rigid application of the purely criminal vision in a field of the private law can lead to wrong conclusions, with serious consequences on the subjects of the offences. But, in order to cover the entire interpretative area, the same consideration must be given to the criminal aspects as well, where the role of the criminal law specialist steps in, so that the reader – either a civil law specialist or a criminal law specialist – forms a proper idea about a far too little investigated field.
Keywords: civil action; criminal action; shares; unsubscribed shares; cancellation of shares; advance on shares; danger offence; result offence; loan on shares; legality of incrimination; reference rules; bonds.
