SPECIAL PROCEDURE REGARDING THE CRIMINAL LIABILITY OF A JURIDICAL PERSON

Anca Lelia Lorincz ()
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Anca Lelia Lorincz: "Alexandru Ioan Cuza" Police Academy, Bucharest

Perspectives of Law and Public Administration, 2014, vol. 3, issue 1, 261-270

Abstract: According to the regulation from the Criminal Procedure Code for the criminal liability of the juridical person and in the Criminal Procedure Code there exist some provisions concerning the procedure to hold liable a juridical person. Representing a different way to develop the criminal process than the usual procedure, made of a complex of standards with a complementary and derogatory character, the procedure to hold liable a juridical person represents a special procedure. The present study aims an analysis of this procedure. Besides the systematization from the Criminal Procedure Code from the 1968, in which special procedures made the object of the last title of the Special Part (Title IV) in the structure of the actual Criminal Procedure Code the regulation of special procedures precedes the provisions regarding the execution of decision, provisions that are contained in the final title of the Special Part. It is true that the enforcement of decisions represent the last step of the criminal process, but, taking into account the fact that in special procedures as well one can contain some derogatory standards regarding the enforcement (including regarding the procedure to hold liable a juridical person), more adequate was the systematization from the previous Criminal Procedure Code (from 1968) where derogatory standards were situated after standards of common law, including in the matter of enforcement.

Keywords: juridical person; criminal liability; special procedure; Criminal Procedure Code; Criminal Code. (search for similar items in EconPapers)
JEL-codes: K14 (search for similar items in EconPapers)
Date: 2014
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