To comply or not to comply. Despre valențele obligației de conformitate în dreptul penal. Conexiuni cu răspunderea penală a persoanei juridice
To comply or not to comply. About the valences of the obligation to comply in criminal law. Connections with the criminal liability of the legal person

Summary/Abstract: In the current Romanian criminal legislative context, the subjective element (mens rea) in the case of crimes and offenses committed by legal entities is extremely difficult to prove in practice. However, the organizational model of engaging the criminal liability of the legal person facilitates this approach, elements such as the fulfillment of the compliance obligation or meeting of the due diligence standard by the legal persons in carrying out their activity could be the key in avoiding “automatic” convictions founded exclusively on the rigid application of Article 135 of the Romanian Criminal Code.

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