Laura Maria STĂNILĂ, PhD
West University of Timișoara, Law Faculty
The issue of criminal liability of legal persons is a new challenge on the “ramparts " of Romanian doctrinal debates, but brings to the fore long forgotten theories and conflicts settled long time ago.
Amid the express consecration by Romanian legislator of the criminal liability of legal persons institution, debates on the fundament of this form of liability and on possible explanations concerning the criminal liability of a collective subject of law restarted.
Tributary to the principle of subjective criminal liability and to the adagio “societas delinquere non potest”, Romanian doctrine is put in the position of trying to abandon the monolithic theoretical schemes and to shyly explain the institution of criminal liability of legal persons.
The saving doctrine comes from the West, the common-law system offering flexible and attractive solutions concerning the criminal liability of corporate law subjects through the mechanism of judicial precedent.
Rejecting the heavy and rigid schemes, the common-law system remarks itself by flexibility and dynamism and by an extremely practical spirit. Amid pressure from EU legislation, the Romanian legislator managed to properly regulate the institution of criminal liability of legal persons.