DISCUSSIONS REGARDING THE CONDITIONS OF THE CRIMINAL RESPONSIBILITY OF THE LEGAL PERSON IN THE REGULATION OF THE NEW CRIMINAL CODE
DISCUSSIONS REGARDING THE CONDITIONS OF THE CRIMINAL RESPONSIBILITY OF THE LEGAL PERSON IN THE REGULATION OF THE NEW CRIMINAL CODE
Author(s): Radu Slăvoiu, Mihai Adrian HotcaSubject(s): Law, Constitution, Jurisprudence
Published by: Universitatea Nicolae Titulescu
Keywords: new Criminal code; criminal responsibility; legal persons; public institutions; public authorities; non- unitary solutions
Summary/Abstract: According to the new Criminal code, the legal person, except for the state and the public authorities, is criminally responsible for the infractions committed for the carrying out of the activity object or in the interest and in the name of the legal person. The public institutions are not criminally responsible for the infractions committed for the carrying on of an activity that is not the object of the private domain. The criminal responsibility of a legal person does not exclude the criminal responsibility of the natural person that contributed to the committing of the same deed. In what follows, we will try to present the general conditions regarding the engagement of the criminal responsibility of the legal persons, filtering through our own analysis various opinions expressed in doctrine regarding this theme, the purpose of which is the prevention of some nonunitary solutions in the judicial praxis.
Journal: LESIJ - Lex ET Scientia International Journal
- Issue Year: XVII/2010
- Issue No: 2
- Page Range: 91-106
- Page Count: 16
- Language: English