Aspecte generale privind infracţiunile prevăzute în Legea nr. 31/1990
General aspects of the offenses provided by Law no. 31/1990
Author(s): Mihai Adrian HotcaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: companies; rules of incrimination; non-criminal laws with criminal provisions; Penal Code; active subject; passive subject; legal obje;
Summary/Abstract: Law no. 31/1990 is a non-criminal law with criminal provisions, since it is mainly intended to regulate the functioning of companies, but also includes rules of incrimination. Thus, in art. 271-279, art. 2801 and art. 2803 several facts that violate legal rules on companies are criminalised. The rules of incrimination contained in Law no. 31/1990 are special (derogatory) incrimination rules, as compared to those existing in the Criminal Code [art. 297 (abuse of service), art. 295 (embezzlement) etc.], because they have priority, unless the punishment of the Criminal Code is more severe (see Article 281 of Law 31/1990). Incrimination rules existing in Law no. 31/1990 apply only to companies governed by this law and not to other types of companies, with or without legal personality.
Journal: Revista Română de drept penal al afacerilor
- Issue Year: 2019
- Issue No: 1
- Page Range: 11-24
- Page Count: 14
- Language: Romanian
- Content File-PDF