MISAPPROPRIATION OF CORPORATE PROPERTY AND CREDIT
MISAPPROPRIATION OF CORPORATE PROPERTY AND CREDIT

Summary/Abstract: The Romanian Companies’ Law (i.e. Law no. 31/1990)regulates the social relations arising from, functioning and developing in connection with the organization and operation of entities having legal personality or corporate entities. A corporate entity is a legal entity constituted by one or several persons that associate themselves on the basis of some articles of association. The members contribute with assets to be used in the carrying out of lucrative activities, in order to obtain benefits and to distribute them between themselves. Having regard to the importance of the social values that the aforementioned legal act regulates, it also comprises legal norms that criminalize certain acts that pose a very high social danger to the good organization and performance of corporate entities. What we attempt in the present paper is to look at one of the acts criminalized by the said law. More specifically, we will be referring to the offence stipulated in the law’s Article 272 para (1) (b), dealing with the misappropriation of corporate property and credit. Our analysis focuses on particular aspects arising from the analysis of the aforementioned offence and its relationship with other offences stipulated in the Criminal Code of Romania and in other special laws.

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