Comentarii asupra infracțiunilor reglementate la art. 275 din Legea nr. 31/1990 privind societățile, tratate din perspectiva mixtă civilă (raporturi juridice între profesioniști) - penală
Commentaries on the Offences regulated by Article 275 of Law no. 31/1990 regarding companies, addressed in a mixed civil law (legal relationships between professionals) – criminal law perspective

Summary/Abstract: The offences regulated by Law no 31/1990 regarding companies is a field which is relatively less explored by criminal law experts and quasi unexplored by civil law experts. This article addresses the offences grouped under Article 275 of previously mentioned law. These offences have several specific elements.Firstly, the active subject of the regulation can only be a person who holds a certain position in the company. Secondly, in the case of some of the offences, the premise of the criminal law regulation is another, corporate law, regulation, which the prior refers to. Because of this situation and because the premises of the other offences regulated by Article 275 are corporate law regulations, it is mainly the duty of the civil law expert to decipher its meaning, as a rigid application of a purely criminal vision in a field of private law can lead to erroneous conclusions, with serious consequences against the subjects of the offence. However, in order to cover all aspects of the interpretation, the criminal aspects have to be addressed with the same care – this is where the role of the criminal law expert unfolds, for the reader – be it a criminal or a civil law professional – to be able to construct a correct idea about a field which is, as previously mentioned, too little explored.

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