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Criminal liability of legal entities


Author: Dogaru Mihai
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2019
Scientific adviser: Xenofon Ulianovschi
doctor habilitat, professor, Moldova State University
Institution: Free International University of Moldova

Status

The thesis was presented on the 6 September, 2019
Approved by NCAA on the 27 September, 2019

Abstract

Adobe PDF document – 0.52 Mb / in romanian

Thesis

CZU 343.211:347.19(043.3)

Adobe PDF document 2.15 Mb / in romanian
213 pages

Keywords

criminal liability, legal entity, criminal offence, criminal law, guilt, social danger, freedom of will and action, corporate crime

Summary

Thesis structure: Introduction, four chapters, general conclusions and recommendations and bibliography. The results obtained are published in twelve scientific papers.

Field of study: The thesis is related to the field of criminal law, specifically the general aspect of the criminal law. The thesis focuses on one of the most current and complex issues of the general aspect of criminal law: the criminal liability of legal entities.

Purpose of the PhD thesis: deepening the concept of application of the criminal liability regarding legal entities.

Objectives: the study of the scientific methodological basis and of the principles of logic regarding the defining of the concept under consideration; the defining of the notion of criminal liability of legal entities and analyzing the implications of this notion in regulating and improving the already existing normative framework; conducting a complex study on the analyzed institution; identifying the limits and possibilities of action of the analyzed institution regarding the already existing and upcoming legislation, its contribution to the strengthening of the security and stability of criminal law reports between the two countries, as well as the filling in of a certain segment of the scientific void.

Scientific novelty and the originality of the obtained results: derives from the method of approaching the issue, from the very nature of the object of research. The innovatory character consists in proposing notions, theses and concepts which put in a new light one of the most controversial issues related to the criminal liability of legal entities. The thesis represents a complex investigation of the institution of criminal liability of legal entities, investigation on account of which conclusions and theoretical recommendations have been formulated with an eye to improving the legislative framework.

The scientific novelty of the thesis, its theoretical and practical importance is determined, above all, by the novelty and importance of the analyzed institution, both in Romania and in the Republic of Moldova, the most recent opinions and concepts presented in the doctrine and scholarly literature being synthesized.

The originality of the results obtained by the author consists in the investigation of the most litigious issues of the science and practice of criminal law that target this institution.

The important scientific issue solved in this thesis is constituted by the justification from the point of view of the science of criminal law of the criminal liability of legal entities, alongside the criminal liability of natural persons acting as a ruling body, representative or simple replacement of the legal person. At the same time, the scientific problem solved lies in the elaboration of the principles of criminal liability of legal entities provided by the national legal systems, especially those in Romania and the Republic of Moldova, which led to the clarification for the theoreticians and practitioners in the field of criminal law of the criminal liability of legal persons, with an eye to the unitary application of the latest amendments and additions to the national legal systems regarding the institution of criminal liability of legal persons, which is in accordance with the general principles of modern criminal law.

The theoretical importance (significance) and applicative value of the thesis results from its theoretical founding. In this sense, an extensive exegetical, dogmatic and critical study of the issues is carried out regarding the criminal liability of legal entities. The ideas, concepts and explications formulated in the thesis can serve as theoretical basis for the perfecting of legislation in the matter. The results obtained in the thesis, materialized through the elaboration of some proposals and recommendations, can be used by the theoreticians and practitioners in the field of criminal law, both in the training process and in the further development of the scientific concepts regarding the analyzed issue.

The implementation of the scientific results targets to make didactic projects and curricula in the field of criminal law aimed at the criminal liability of legal entities more effective. The information with practical and applicative connotations in the present thesis proves to be useful in the activity of the Criminal Investigation Officers, prosecutors, judges and not only, the information could be of great use even for theoreticians in the field of criminal law.