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Individualizarea pedepselor aplicabile persoanelor juridice
Sentencing criteria with regard to legal entities

Author(s): George-Alexandru Lazăr
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: criminal liability of legal entities; sentencing; criminal sanctions; punishment; criteria; sanctioning system;

Summary/Abstract: Criminal liability of legal entities is one of the areas in which the Criminal Code of 2014 provided no revolutionary changes, even though in the preliminary thesis of the Code, the sentencing phase was a focal point. Concerning the sanctions applicable to legal entities, the evolution of the legislation has been timid, when compared to the statues that govern the sanctions applicable to natural persons. Beside the lack of diversity in the main criminal sanctions, the current legislation is also limited with regard to the sentencing criteria provided, which are the same as the ones used for natural persons. At the same time, the sanctioning system lacks a progressive curve focused on the reintroduction of legal entities into the civil and commercial circuit, and proves to be more repressive and punitive, rather than centred on preserving the interests of the legal entity. The present paper analyses to what extent the existing legal framework is adequately equipped to deal with the practical challenges of properly sentencing legal entities. At the same time, the final part of the paper deals with elements outside of the criminal law system which can serve as sentencing criteria and may be used in criminal courts to better establish a just sentence.

  • Issue Year: 2018
  • Issue No: 04
  • Page Range: 9-41
  • Page Count: 33
  • Language: Romanian