The author analyzes the concept of agent provocateur and the issues related to this concept, which stood both in the Romanian literature and practice, as well as the foreign one.
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.
The author analyzes in detail the theories developed for the liability of legal persons (fiction theory and reality theory), emphasizing the arguments in support of these theories.