The Fulfillment of the Compliance Obligation by the Legal Person and the Consequences of its Infringement from the Criminal Law Perspective
The Fulfillment of the Compliance Obligation by the Legal Person and the Consequences of its Infringement from the Criminal Law Perspective

Summary/Abstract: The fulfillment of the compliance obligation by the legal person is a new type of obligation arising in the modern economic context, the Romanian legislator bounding the legal entity with administrative and criminal sanctions in case of its infringement, even if there is neither a culture of compliance, nor a compliance legal system provided in the Romanian legal and social environment. In Romania, courts tend to convict legal persons in an „automatic mode”, the subjective element (mens rea) of a collective entity being extremely difficult to prove. Elements such as the fulfillment of the compliance obligation or meeting of the due diligence standard by the legal persons in carrying out their activity could be the key in avoiding „automatic” convictions founded exclusively on the rigid application of art. 135 of the Romanian Criminal Code.

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