Bucharest tribunal, Criminal Division I, Decision no. 445 of the 6th of May 2011, Final in the 5th of June 2012 (Case Study) Cover Image
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Tribunalul Bucureşti, Secţia I penală, Sentinţa nr. 445 din 6 mai 2011, defi nitivă la data de 5 iunie 2012 (Studiu de Caz)
Bucharest tribunal, Criminal Division I, Decision no. 445 of the 6th of May 2011, Final in the 5th of June 2012 (Case Study)

Author(s): Andra Roxana Ilie
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: criminal liability of the legal person; insolvency; organized criminal group; illicit international traffic of high-rick drugs; the right to remain silent

Summary/Abstract: Through the Criminal Decision no. 445/06.05.2011 issued by the Bucharest tribunal, remained final the 5th of June 2012 as a consequence of the appeal rejection by the High Court of Cassation and Justice, Criminal Division, the highest criminal fine applied to a legal person in quantum of 1.000.000 lei. The decision is also one of the first final resolutions in which the complementary punishment of displaying the conviction was applied, and also, as we know, it is the first conviction of a legal person for drug traffic crimes. Among these aspects, the mentioned decision, and also the decision issued in the appeal, bring into the discussion other problems refering to the criminal liability of the legal person, which will be resumed in the present article.

  • Issue Year: 2012
  • Issue No: 08
  • Page Range: 476-482
  • Page Count: 7
  • Language: Romanian