Unele particularităţi specifice prevenirii, investigării şi combaterii infracţiunilor comise de persoanele juridice//Some particularities specific to preventing, investigating and combating crimes committed by legal persons

Abstract

The tendency to recognize the legal person as the subject of crime and, respectively, of criminal liability has received an impetus for development in several states largely due to the need of increasing the level of legal protection of bona fide competition, of consumer rights, of environment, of occupational safety, etc. With the transition to a market economy, the role of legal persons has increased enormously. In the conditions of a fierce competition and the fight for domination on the sales markets, the legal persons with different forms of legal organization commit de facto multiple deeds that fall under the incidence of the criminal law. For this reason, in the doctrine of law there are more and more questions regarding the protection of the rights and interests of the person, of the society, of the state, of the economic system, of the environment etc. from the criminal acts committed by legal persons. Currently, criminal law with respect to the liability of legal persons is lagging behind the dynamic development of the economic sphere of society. This can be confirmed by the criminological research which shows a steady increase in the number of crimes committed by legal persons. It shows that the sanctions provided by the rules of criminal law for illegal acts committed by legal persons do not represent an obstacle to their socially dangerous criminal activity, especially since the benefit or the income obtained multiple times exceeds the amounts of fines paid. However, the relevance of a study in the matter of the particularities of preventing, investigating and combating crimes committed by legal persons is determined by the continuous evolution of the institution of criminal liability of legal persons.

Keywords

• legal person
• criminal liability
• market economy
• criminal law
• criminal sanctions
• regulation
• subject of the crime
• particularities
• normative regulations
• composition of crime