Problema identificării elementului subiectiv
în cazul răspunderii penale a persoanei juridice.
Aspecte teoretice şi practice
The problem of identifying the subjective element
in the case of criminal liability of the legal person.
Theoretical and practical aspects
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: criminal liability; juridical person; guilt; material act; human agent; collective entity; subjective element
Summary/Abstract: Criminal liability of legal persons legal puts our juridical logic to the test by its dificulty in identifying the subjective element – criminal guilt. The new Criminal Code sets out in art. 135 a direct and distinct criminal liability model for legal persons, conditioned by comittitng the criminal deed with guilt. Since the legal person is a collective entity, non material, created on the basis of a legal act, mental position at the time of the offense can be identified by using some of the traditional theories developed in common law system, and differently depending on the individual who commits the material act and on the situation that caused the act: if it was comitted in the name, during the activity of the juridical person or in its interest.
- Issue Year: 2015
- Issue No: 1
- Page Range: 103-117
- Page Count: 12
- Language: Romanian