Законодательство Румынии об уголовной ответственности юридических лиц

Abstract

The article is dedicated to the issues of the establishment of the criminal liability of legal entities in Romania. Prerequisites for the introduction of such liability and the national laws on the criminal liability of legal entities are reviewed. Attention is paid to the fact that Romania has established such liability in the Criminal Code unlike the majority of post-socialist countries of Eastern Europe having adopted special criminal laws on the liability of legal entities. Under the Romanian laws, a legal entity is liable for criminal offenses committed within the framework of the operations of the legal entity, on its behalf or in its name. However, the Romanian laws do not specify, a crime committed by which natural person may result in the origination of the criminal liability of a legal entity. It is noted that the criminal liability of a legal entity does not exclude the criminal liability of a natural person having committed the same act. The article reviews the types of criminal punishments imposed on legal entities, which include: liquidation of a legal entity; temporary suspension of operations or one of the types of operations of a legal entity; suspension of jobs at a legal entity; temporary prohibition of participation in state procurement procedures; subjection to judicial supervision; disclosure or publication of a decision on conviction of a legal entity. Such legal institutes as the period of limitation for bringing to criminal liability, repeated offense, amnesty are reviewed with regard to the criminal liability of legal entities.