Some aspects of the legal person for the criminal punishment of crime according to art. 139 of Law no. 8 / 1996 Cover Image
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Unele aspecte privind sancţionarea persoanei juridice în cazul săvârşirii infracţiunii prevăzute de art. 139 din Legea nr. 8/1996
Some aspects of the legal person for the criminal punishment of crime according to art. 139 of Law no. 8 / 1996

Author(s): Marian Cicerone Gavrilescu, Valentin Radu Sultănescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: legal entity; rights related to the copyright; unauthorized use; computer program; unauthorized installation; make available to the public

Summary/Abstract: The article emphasizes certain aspects regarding the criminal liability of legal entities in the field of software crimes. The analysis that is performed took into consideration the non-unitary judicial practice of the courts as regards the enforcement of judgments, in case of committing the crime of unauthorized reproduction of computer programs on computers in any of the following manners: installation, storage, running or execution, display or transmission into the internal network, provided under art. l39 of Law no. 8/1996 on copyright and related rights. The analysis was performed by comparison between two judgments issued by different courts, namely a tribunal and a court of appeal, which had separate opinions regarding the criminal liability of the legal entity in case the action was committed by a legal representative of such legal entity and in the interest of the legal entity.

  • Issue Year: 2010
  • Issue No: 04
  • Page Range: 38 - 43
  • Page Count: 6
  • Language: Romanian
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