THEORETICAL AND PRACTICAL ISSUES REGARDING THE CRIMINAL LIABILITY OF THE LEGAL PERSON
THEORETICAL AND PRACTICAL ISSUES REGARDING THE CRIMINAL LIABILITY OF THE LEGAL PERSON
Author(s): Vasile LuhaSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura University Press, Universitatea de Medicina, Farmacie, Stiinte si Tehnologie “George Emil Palade” din Targu Mures
Keywords: criminal liability of the legal person; liability for one's own deed; liability for the deed of another; subjective liability; objective liability; uncertainty of the criminal law;
Summary/Abstract: It is observed that the criminal norm is vaguely expressed and practical formulas are offered for a systemic interpretation.A thesis with practical consequences is defended: criminal liability with repressive effects has no purpose in itself; it is a form of complementary liability, of punishing some recognized subjective civil rights; the purpose of criminal repression is not to destroy the subjective civil right, but to protect it; for this reason, any procedure for prosecuting a legal person must identify and define the subjective rights that are functional under the organization of a subject of collective law and protect them; in order to avoid errors, the interpretation of the uncertain criminal law will be made only in order to fulfill this social purpose.
Journal: Curentul Juridic
- Issue Year: 82/2020
- Issue No: 3
- Page Range: 57-69
- Page Count: 13
- Language: English