Autor: Sebastian BODU, Ciprian BODU

Publicat în: Revista Dreptul nr.5/2016

Disponibil onlineaici.

Titlul lucrării în engleză: Offences provided in Article 2721 of the Law No 31/1990 on companies. Comments from the mixed civil (legal relationships between professionals) – criminal perspective

Abstract: The offences provided 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 the two offences grouped within Article 2721. These offences have a few specific elements. First, the active subject in the legal rule hypothesis is qualified, namely a person that holds a certain quality of company member. Secondly, for two of the offences, the hypothesis of criminal rule must be supplemented by the rules of company law regulating the issue of company securities. By the fact that the hypotheses of the other offences regulated in Article 2721 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; dividend; use; danger offence; result offence; fraudulent means; legality of incrimination; reference rules; fictitious profit; qualified active subject; false news.