CONSIDERATIONS REGARDING THE CRIMINAL LIABILITY OF CORPORATIONS – THE ROMANIAN WAY
Announced by the legal literature, recommended through an important number of international instruments, already provided for in the majority of European Criminal Codes, the criminal liability of corporations (re)gained its place in the Romanian legislation, through Law no. 278/2006 for the amendmen...
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Format: | Article |
Language: | English |
Published: |
Nicolae Titulescu University Publishing House
2011-04-01
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Series: | Challenges of the Knowledge Society |
Subjects: | |
Online Access: | http://cks.univnt.ro/uploads/cks_2011_articles/index.php?dir=01_law%2F&download=cks_2011_law_art_014.pdf |
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author | ANDRA-ROXANA ILIE |
author_facet | ANDRA-ROXANA ILIE |
author_sort | ANDRA-ROXANA ILIE |
collection | DOAJ |
description | Announced by the legal literature, recommended through an important number of international instruments, already provided for in the majority of European Criminal Codes, the criminal liability of corporations (re)gained its place in the Romanian legislation, through Law no. 278/2006 for the amendment of the Criminal Code and other laws. The purpose of the paper is to present the main regulations governing the criminal liability of corporations, as existing in the Criminal Code, as well as they are provided in Law no. 286/2009 (the new Criminal Code). Although the criminal liability of corporations is now consecrated in Romanian for almost five years, there is however some reticence in engaging the liability of such person which is not “in the flesh”, but only, according to some opinions, an abstract entity which lives only in the universe of jurists. As a consequence, up to present there is little case law in this field. Nonetheless, in the past year, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. Therefore, the objectives pursued by the present study are to provide an approach on the court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases. |
first_indexed | 2024-12-21T05:49:45Z |
format | Article |
id | doaj.art-8786552405dc4fad8899fc455d5e7ed9 |
institution | Directory Open Access Journal |
issn | 2068-7796 |
language | English |
last_indexed | 2024-12-21T05:49:45Z |
publishDate | 2011-04-01 |
publisher | Nicolae Titulescu University Publishing House |
record_format | Article |
series | Challenges of the Knowledge Society |
spelling | doaj.art-8786552405dc4fad8899fc455d5e7ed92022-12-21T19:14:01ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962011-04-011-120130CONSIDERATIONS REGARDING THE CRIMINAL LIABILITY OF CORPORATIONS – THE ROMANIAN WAYANDRA-ROXANA ILIEAnnounced by the legal literature, recommended through an important number of international instruments, already provided for in the majority of European Criminal Codes, the criminal liability of corporations (re)gained its place in the Romanian legislation, through Law no. 278/2006 for the amendment of the Criminal Code and other laws. The purpose of the paper is to present the main regulations governing the criminal liability of corporations, as existing in the Criminal Code, as well as they are provided in Law no. 286/2009 (the new Criminal Code). Although the criminal liability of corporations is now consecrated in Romanian for almost five years, there is however some reticence in engaging the liability of such person which is not “in the flesh”, but only, according to some opinions, an abstract entity which lives only in the universe of jurists. As a consequence, up to present there is little case law in this field. Nonetheless, in the past year, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. Therefore, the objectives pursued by the present study are to provide an approach on the court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.http://cks.univnt.ro/uploads/cks_2011_articles/index.php?dir=01_law%2F&download=cks_2011_law_art_014.pdfcriminal liabilitycorporationssanctionsprecautionary measuressafety measures |
spellingShingle | ANDRA-ROXANA ILIE CONSIDERATIONS REGARDING THE CRIMINAL LIABILITY OF CORPORATIONS – THE ROMANIAN WAY Challenges of the Knowledge Society criminal liability corporations sanctions precautionary measures safety measures |
title | CONSIDERATIONS REGARDING THE CRIMINAL LIABILITY OF CORPORATIONS – THE ROMANIAN WAY |
title_full | CONSIDERATIONS REGARDING THE CRIMINAL LIABILITY OF CORPORATIONS – THE ROMANIAN WAY |
title_fullStr | CONSIDERATIONS REGARDING THE CRIMINAL LIABILITY OF CORPORATIONS – THE ROMANIAN WAY |
title_full_unstemmed | CONSIDERATIONS REGARDING THE CRIMINAL LIABILITY OF CORPORATIONS – THE ROMANIAN WAY |
title_short | CONSIDERATIONS REGARDING THE CRIMINAL LIABILITY OF CORPORATIONS – THE ROMANIAN WAY |
title_sort | considerations regarding the criminal liability of corporations the romanian way |
topic | criminal liability corporations sanctions precautionary measures safety measures |
url | http://cks.univnt.ro/uploads/cks_2011_articles/index.php?dir=01_law%2F&download=cks_2011_law_art_014.pdf |
work_keys_str_mv | AT andraroxanailie considerationsregardingthecriminalliabilityofcorporationstheromanianway |