CONSIDERATIONS ON CORPORATE CRIMINAL LIABILITY
CONSIDERATIONS ON CORPORATE CRIMINAL LIABILITY

Summary/Abstract: The current article deals with a concept recently introduced in the Romanian criminal law- the corporate criminal liability. The essay starts with a short presentation of some historical aspects regarding this issue, focusing on the practical necessity to admit the criminal liability of the legal entities. Then the article deals with the concept of corporate criminal liability as a whole, presenting the theoretical objections to establishing corporate criminal law, and focusing on some of the most important objections, the fictional character of the legal entity and their incapacity of action and especially, the so said “non punishability” of the legal entity with the traditional punishments in the criminal law. Every objection is accompanied by the contrary theoretical and practical reasons for not admitting the principle “societas delinquere non potest” in the criminal law, and we insisted on the efficiency and the advantages of the pecuniar punishments for the legal entity. In the last part, the article presents the recent regulations from the Romanian criminal law regarding the corporate criminal liability and the specific punishments consecrated in the new Romanian Criminal Code.

• Details
• Contents