Efectele Deciziei nr.1/2016 a ÎCCJ-Completul pentru dezlegarea unor chestiuni de drept în materie penală asupra unor subiecţi de drept în materie contravenţională
The Effects of the Decision No. 1/2016 of the High Court of Cassation and Justice. The Judges Panel for the Final Solution Regarding some Issues of Penal Law on Subjects in Contraventional Matters

Author(s): Carmen-Adriana Domocoș
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: legal person; legal personality; individual enterprise; defendant; offender
Summary/Abstract: Owing to the fact that the Supreme Court decided that individual enterprise, a bussiness managed by an individual person under the Law no. 44/2008, is not a legal person and it is not responsible under the criminal law, the issue arrises whether an individual enterprise could be the offender under the civil law as a legal person. In our opinion, under the current legislation, the individual enterprise cannot be an offender if the law penalizes the legal person, due to the fact that this enterprise is not a legal person, neither under the civil law, nor under the penal law.

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