Articolul 151 Cod Penal – O încălcare a principiului personalităţii răspunderii penale// Article 151 Romanian Criminal Code. A Breach of the Principle of the Personal Criminal Liability?

Abstract

Since the publication in the Official Monitor of the Law no. 286/2009 on the Criminal Code of Romania, art. 151 RCC gave rise to discussions in the doctrine. Seen as a text meant to counteract the maneuvers of evading criminal liability by legal entities through various techniques and methods of economic and fiscal transfers, art. 151 RCC was inspired by the provisions of art. 11 para. (8) Portuguese CC but also art. 29 32 of Italian Decree Law no. 231/2001 on the administrative criminal liability of legal persons. Despite the good intentions of the Romanian legislator, on the one hand, the text remains, unfortunately, perfectible, while, on the other hand, it can provoke an interesting debate regarding the observance of the principle of personal criminal liability of the legal person. This article aims to debate both aspects, formal and substantial, regarding art. 151 RCC.

Keywords

• principle of personal criminal liability
• legal person
• criminal liability of the legal person
• merger
• division