Aspecte privind răspunderea penală a persoanelor juridice în dreptul mediului

Avocat drd. Răzvan Lungu

Aspects regarding criminal liability of legal persons in environmental law

Abstract

Although according to the general rule stated in the first paragraph of article 135, a legal person is criminally responsible for offenses committed in achieving the object of activity, interest or on its behalf, instead, in accordance with special rules stated in paragraph 2 of the same article, public institutions are criminally liable only if the offense meets an additional requirement, namely, that it was committed in the exercise of activities subject to the private domain. The need to criminal repress the damages that harm the environment was among the first arguments in favor of the admission of the principle of criminal liability of legal persons. Criminal liability of legal persons does not exclude criminal liability of individuals who contributed to the commission of the same act.

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