Conformitatea creativă – implicații penale
Creative compliance – criminal implications

Summary/Abstract: The notion of “compliance” is relatively new in the Romanian legal space and generates a real paradox in theory and practice: if in practice the notion was taken over and easily used by lawyers and other practitioners, in theory it is not addressed at all, because it belongs to a areas of quasi-legal social relations, located in the antechamber of the legal relations, rather belonging to the economic sphere and to companies and rather related to the internal organization of the businesses of large corporations. Moreover, an analysis of the criminal implications of non-compliance could not be easily accepted because the compliance of companies refers to economic and financial practices, apparently having nothing to do with the area of criminal law. Such a theoretical orientation is unfair and erroneous in our opinion, since compliance or non-compliance with the rules of law imposed under various legal sanctions entails certain legal consequences, criminal ones as well. In this study we will address the many forms of compliance leaning to creative compliance, a completely unknown notion in Romania, the consequences of which possibly could head to criminal legal sanctions, with serious negative outcomes for legal persons which commit crimes by violating the legal obligation to comply.

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