Decizia Curții Constituționale a României nr. 708 din 28 octombrie 2021 referitoare la excepția de neconstituționalitate a dispozițiilor art. 136 alin. (2) și ale art. 137 alin. (3) teza a doua
Decision no. 708 of October 28, 2021 of the Constitutional Court of Romania regarding the exception of unconstitutionality of the provisions of art. 136 para. (2) and of art. 137 para. (3) the second sentence

Summary/Abstract: The main punishment in the case of the legal person is exclusively the fine. The amount of the fine is established, according to the law, based on the product of two factors: one refers to the establishment of a number of fine days, and the other concerns the amount of a day-fine. The effectiveness, proportionality and dissuasiveness of the punishment depend on the level of this result, and each of the two factors is established on the basis of specific individualization criteria. One of these criteria, which concerns the amount of a day-fine, is also established according to the turnover of the legal entity in question. The Constitutional Court noted, at the end of last year, the lack of clarity and predictability of this notion, given that the criminal law does not define it.

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