Effects produced by the reorganisation of the legal person on the possibility of incurring criminal liability or on imposing the execution of criminal penalties Cover Image
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Efectele reorganizării persoanei juridice asupra regimului răspunderii penale şi executării pedepselor
Effects produced by the reorganisation of the legal person on the possibility of incurring criminal liability or on imposing the execution of criminal penalties

Author(s): Mareş Mihai
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: reorganisation; legal person; criminal liability; transfer of liability; serving criminal penalties;

Summary/Abstract: The present paper analyses the potential effects that can be produced by the reorganisation of the legal person on the possibility of incurring criminal liability or on imposing criminal penalties on the successor of the legal person. The relevant provisions of the Criminal Code, the Criminal Procedure Code, and Law no. 253/2013 on the serving of penalties, educational measures, and other noncustodial measures ordered by the judicial bodies within the criminal proceedings are examined in order to show the extent to which they comply with the wellestablished principles of criminal law and criminal procedure. As the analysed legal texts represent a novelty in the Romanian legal framework, elements of comparative law have also been presented. All in all, this institution proves controversial and its implications remain to be fully tested in the forthcoming national case-law.

  • Issue Year: 2017
  • Issue No: 04
  • Page Range: 66-85
  • Page Count: 20
  • Language: Romanian