”Lederspray Case” – Criminal Liability for the Omission 
to Withdraw Dangerous Products from the Market Cover Image

Cazul „Lederspray” – răspunderea penală pentru omisiunea de a retrage produse periculoase de pe piaţă
”Lederspray Case” – Criminal Liability for the Omission to Withdraw Dangerous Products from the Market

Author(s): Cristina Nicorici
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: improper omission; past conduct; dangerous products; criminal liability; strict criminal liability;

Summary/Abstract: „Lederspray Case” is a well known case in continental theory of improper omission, analyzed and debated in the foreign literature. The issue giving rise to numerous discussions was if the introduction of a product on the market, proved to be dangerous later, could fundament a criminal liability for the omission to withdraw that product. A positive answer without any distinctions opens the direction to a strict criminal liability, justified by some authors in the light of numerous bio chemical risks that an activity with dangerous products for human health supposes, risks which, in this view, should be assumed.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 37-46
  • Page Count: 9
  • Language: Romanian