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INFRACŢIUNILE DE CORUPŢIE ŞI DE SERVICIU DIN PERSPECTIVA NOULUI COD PENAL ŞI A CODULUI PENAL ANTERIOR

The author provides a detailed analysis of the new provisions introduced by the Criminal Code of 2009 and its implementing law in matters of corruption offences provided for in art. 289-292.

He does not hesitate to present his point of view regarding the systematization of these offences, their content, the constitutive character, their relations with the provisions of Law no. 78/2000 on preventing, discovering and sanctioning corruption, as amended and supplemented, and to advance some of his own ideas and solutions in this regard.

Finally, the author is advancing some of his own opinions concerning applicable law in the case of transitory situations (mitior lex)

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INFRACŢIUNILE CONTRA ÎNFĂPTUIRII JUSTIŢIEI DIN PERSPECTIVA NOULUI COD PENAL ŞI A CODULUI PENAL ÎN VIGOARE

The author presents the changes introduced by the new Criminal Code on the matter under consideration in terms of systematic and legal content of various incrimination legal norms, highlighting the positive aspects as well as the debatable ones with regard to formulating de lege ferenda proposals.

Further on, the author makes a comparative study of the incrimination legal norms that have corresponding rules in the criminal law, now in force, a brief examination of the ex novo incriminations, analysis accompanied by several observations and some suggestions (de lege ferenda proposals) to improve the examined texts. 

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RĂSPUNDEREA PENALĂ A PERSOANEI JURIDICE ÎN ROMÂNIA ŞI ÎN DREPTUL COMPARAT

The issue of criminal liability of the legal person is established and has given rise to different opinions in modern criminal science, some authors claiming that a legal person can not be an active subject of a crime, and others being
on the contrary view. Debates in international scientific forums in Bucharest (3‑12.X.1929) and Budapest (1978) were completed with the adoption of resolutions recommending the introduction of effective measures of social defense against legal persons for offenses committed.

In the Recommendation R (88) of 20.X.1988 the Committee of Ministers of the Council of Europe, several states have regulated the criminal liability of legal persons, among which: France, Belgium, Italy, Finland, Portugal, Romania, Moldova and Spain, which amended the Criminal Code by the organic Law no. 5/2010, in force since 23.XII.2010.

In the conditions of liability of the legal person, there are considerable differences from country to country, which have been widely examined in this study.