Journal of Danubian Studies and Research, Vol 6, No 1 (2016)

Abstract

At legislative level, a crucial question looking for the answer regards the distribution of the liability between the physical and legal entity and structuring the relation between the liabilities of their obligations. On a practical level, in the case of a crime committed as a result of faulty organizational policy, the question looks for an answer to whom should be held accountable: the individual whose actions has caused directly the breaking of the law, the employer or legal entity that has issued policies or indications based on which the individual acted, both individual and legal entity, or none. The EU jurisdictions still face these questions when putting into practice the institution of criminal liability of legal entities. (Mongilo, 2012) The judicial practice, however, is still poor or non-existent in most states. This paper aims at providing answers as close to harmonize the legislation with practice, and also the reason for which the legislator has established the criminal liability of the two entities.