Challenges of the Knowledge Society (May 2017)
CRIMINAL LIABILITY OF A LEGAL ENTITY ACCORDING TO ROMANIAN LAW NO.46/2008
Abstract
The purpose of this paper is to highlight the main practical issues concerning the enforcement of Law no.46/2008, in regard to the protection granted under the regulations of title VI, in the particular case when the perpetrator is a legal entity. In order to establish a frame for the content of this article, alongside the introduction, its structure shall be divided in three parts. The first part will point out the terminology used in Romanian Law no.46/2008, which shall prove to be necessary for the analysis proposed. The second part will refer to specific provisions found in Law no.46/2008, mainly articles 106-110, with a brief reference to the Decision of the Romanian Constitutional Court no.670/2008, alongside the Decision given in an appeal in the interest of the Law, by the High Court of Cassation and Justice, no. XII/12.02.2008, and will also consist of a critical approach, from a practical point of view, of the provisions earlier mentioned, holding into account the manner of incrimination by reference to another provision, or to another normative act. The third and final part will consist of brief conclusions as resulting from the present article.
