Târgu Mureș Court of Appeal, Criminal Chamber, Decision no. 79 dated 26 of October 2012 (Case Law Study) Cover Image
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Curtea de Apel Târgu Mureş, Secţia penală, Decizia nr. 79 din 26 octombrie 2012 (Studiu de Caz)
Târgu Mureș Court of Appeal, Criminal Chamber, Decision no. 79 dated 26 of October 2012 (Case Law Study)

Author(s): Andra-Roxana Trandafir
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: criminal liability of the legal person; association for common ownership of lands and pastures; additional punishment

Summary/Abstract: The article represents a commentary on case law regarding criminal liability of a legal person, false documents or statements, money laundering, an association for common ownership of lands and pastures. Summarized judgments are unprecedented in many ways. So, it is raised for the first time the question of the criminal responsibility of an association for common ownership of lands and pastures. At the same time, it is the first time a legal person is sentenced on the charge of an offense for which his representative is acquitted, the latter being judged separately from the legal person. Also, for the first time in Romania, to the legal persons convicted in question was also applied, in addition to the main punishment of the fine, the additional punishment of the prohibition to participate in the public procurement procedures. Although pronounced under the previous Criminal Code, judgments are also fully applicable into the new Criminal Code.

  • Issue Year: 2014
  • Issue No: 10
  • Page Range: 590-596
  • Page Count: 7
  • Language: Romanian