Autor: Ruxandra RÃDUCANU

Publicat în: Revista de Științe Juridice Nr. 1/2014

Disponibil online: aici.

Some considerations of doctrine and judicial practice concerning the criminal liability of legal person in the light of New Criminal Code

Abstract: The criminal liability of the legal person is a relatively new institution in the Romanian
criminal law. There is no rich jurisprudence in this respect, due to the fact that only in
2006, by the amendment of the Criminal Code, was it possible that legal persons might
become criminally liable and be punished for committing offences. The criminal liability of the legal person does not exclude the criminal liability of the natural person who contributed in any way to the commission of the same offence. In this sense, in the judicial practice it was decided that the judicial bodies, notified with the commission of certain offences by a natural person, who acted for himself and as a representative of a legal person, must decide with regard to that natural person, as well
as to the involved legal person.

Keywords: person; criminal liability; penalty under criminal law.