ACQUITTAL SOLUTION. UNAUTHORIZED REPRODUCTION OF COMPUTER PROGRAMS ON COMPUTATION SYSTEMS

Calina Andreea Gardikiotis ()
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Calina Andreea Gardikiotis: PhD Lecturer at Faculty of Law – “Petre Andrei” University from Iasi, Romania, lawyer

Jurnalul de Studii Juridice, 2019, vol. 14, issue 1-2, 105-110

Abstract: By virtue of art. 396 paragraph 5 of the Criminal Procedure Code as related to art. 16 paragraph 1 letter c of the Criminal Procedure Code, the Appeal Court shall hereby acquit the defendant S.C. F. S.A. for the commitment of the crime relating to “unauthorized reproduction of computer programs on computation systems”, which is stipulated under art. 139 index 9 of Law no. 8 / 1996, as republished. The Court shall hereby deny the civil action filed by the civil parties Microsoft Corporation and Autodesk Incorporates. Convicting the defendant S.C. F. S.A. cannot be done based upon suppositions and presumptions, instead it has to be based on certain and solid proof of guilt, which is missing within the present case file. The prosecutor’s office has failed to conduct one complete and effective investigation within the meaning of collecting evidence able to prove, beyond reasonable doubt, the actual charges brought against the defendant. The Court, in the absence of any certain and material evidence regarding the installation and use of the 14 design program of “AUTOCAD” range, belonging to Autodesk Incorporated, and of one Windows 7 Ultimate program belonging to Microsoft Corporation, may not engage the criminal liability of the defendant S.C. F. S.A., and the acquittal solution issued by the court of first instance is legal and grounded.

Keywords: Acquittal solution; lack of solid proof of guilt; criminal liability of a legal entity (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:14:y:2019:i:1-2:p:105-110

DOI: 10.18662/jls/45

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