Dorel HERINEAN, PhD Student, Faculty of Law, University of Bucharest, Theoretical aspects regarding the subjective connection in the case of criminal liability of legal entities

DOI: https://www.doi.org/10.31178/AUBD.2019.14

Abstract: The present article has the goal of studying the modalities in which the subjective connection is formed between the legal entities and natural persons who act on their interest, main activity or in their name. The analysis is based on a classification between the natural persons who can hold the legal entities criminally liable, respectively the decision-makers and the executants. The decision-makers are the ones who dictate the direction of the legal entity and form its will, while the executants are the persons who do not have any decision-making power, but whose action is capable of holding the legal entities criminally liable.

In addition, another distinction that is used in this analysis is the one between the subjective and objective stage in which the guilt and the criminal liability of the legal entity is formed. Starting from these discussions, the analysis is performed in a structured way, in which the interactions between natural persons and legal entities are verified, problems are proposed for discussions and, on some occasions, solutions are proposed related to which guilt forms and participation forms could be incident.

Finally, a general proposal of regulation is included for the problem of the criminal participation of legal entities, but only as a step subsequent to a constant jurisprudence in the matter, in which is also analysed the form of participation of the convicted legal entities, as well as subsequent to the extensive analysis, by the legal literature, of the criminal law specific problems related to the dynamics of the relationship between legal entities and natural persons.

Keywords: legal entity, criminal liability of legal entities, criminal participation, subjective connection, participation forms, decision-makers, executants, guilt of legal entities.

« back