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Criminal Liability Of The Legal Person

Author

Listed:
  • Nelu Dorinel POPA

    (Doctor in law, Chief Commissioner, National Anticorruption Directorate-Tirgu Mures Territorial Service, ROMANIA.)

Abstract

If we consider that in the past, the fact that “societas delinquere non potest” (the companies can not commit criminal offenses) was held true, the time and the evolution of things have shown the opposite, namely “societas delinquere potest” (the companies can commit criminal offenses). Moreover, the criminal law intended, and still does, to demonstrate that “societas delinquere potest et punire potest” (the companies can commit criminal offenses and thus they can be punished). The current Romanian legislation, doctrine and jurisprudence have shown that the criminal liability of the legal persons is no longer a theory of fiction, being on the contrary, an independent institution under the criminal law, with all the opinions and controversies raised by the enforcement of legal norms in this matter.

Suggested Citation

  • Nelu Dorinel POPA, 2015. "Criminal Liability Of The Legal Person," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 63, pages 98-110, December.
  • Handle: RePEc:pmu:cjurid:v:63:y:2015:p:98-110
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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj15/recjurid154_7F.pdf
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    More about this item

    Keywords

    legal person; criminal liability; natural person; criminal offence; guilt; penalty; preventive measures;

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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