Part I

Andra Roxana ILIE, Assistant Lecturer, Faculty of Law, University of Bucharest, Commentary upon the Decision no. 846 of December 6, 2010 issued by the Bucharest Tribunal, 2nd Criminal Chamber, definitive on May 22, 2012
A company can be held liable for a fraud with extremely severe consequences, continuously, committed by its administrator in realizing the social object and in its name. The moral person can be sentenced to the complementary sanction of the dissolution, if its social object was divorted for the perpetration of crimes. The legal provisions regarding the necessity of the presentation of the prosecution documents are also applicable to the moral person and their non-observance leads to the relative nullity, which can be asked only by the moral person who proves it has suffered a loss. This decision keeps the same logic as the ones given by the Romanian jurisdictions so far, although such condemnations remain rare. At the same time, it is one of the first decisions where the problem of the suspension of the winding up of the moral person is being discussed. The novelty also consists in the fact that, in this particular case the insolvency procedure had been opened upon the request of one of the creditors of the company and not of one of the company’s shareholders.

Key-words: criminal liability, company, fraud, winding up, suspension of the winding up, lack of presentation of the prosecution documents

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