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CONSIDERATIONS REGARDING THE CRIMINAL LIABILITY OF CORPORATIONS – THE ROMANIAN WAY
ANDRA-ROXANA ILIE
Challenges of the Knowledge Society , 2011,
Abstract: Announced by the legal literature, recommended through an important number of international instruments, already provided for in the majority of European Criminal Codes, the criminal liability of corporations (re)gained its place in the Romanian legislation, through Law no. 278/2006 for the amendment of the Criminal Code and other laws. The purpose of the paper is to present the main regulations governing the criminal liability of corporations, as existing in the Criminal Code, as well as they are provided in Law no. 286/2009 (the new Criminal Code). Although the criminal liability of corporations is now consecrated in Romanian for almost five years, there is however some reticence in engaging the liability of such person which is not “in the flesh”, but only, according to some opinions, an abstract entity which lives only in the universe of jurists. As a consequence, up to present there is little case law in this field. Nonetheless, in the past year, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. Therefore, the objectives pursued by the present study are to provide an approach on the court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.
THE CRIMINAL LIABILITY OF CORPORATIONS – OVERVIEW ON RECENT CASE LAW OF THE ROMANIAN COURTS
ANDRA ROXANA ILIE
Challenges of the Knowledge Society , 2012,
Abstract: Although the criminal liability of corporations is now consecrated in Romanian for more than five years, there is however some reticence in engaging the liability of such person. Nonetheless, in the past years, it can be noticed an emergence of the files where the problem of the criminal liability of corporations is raised. The purpose of this paper is to present the main issues from the Romanian case law in this field. Several topics are to be mainly discussed, such as the enforcement of criminal sanctions such as the winding-up or the diffusion of the decision, the application of precautionary measures and interim measures against corporations, the possibility to call a corporation in the criminal trial both as accused and as third party called liable for other person’s acts etc. During this analysis, it can be noticed that the most common crimes perpetrated by corporations are related to employment issues, copyright, corruption, illegal drug trafficking etc. Therefore, the objectives pursued by the present study are to provide an approach on the most recent court decisions where criminal charges against corporations were carried out and to see how the relevant legal provisions were applied in these cases.
Criminal liability and the tort liability under administrative law
Denys Azarov
NaUKMA Research Papers. Law , DOI: 10.18523/2617-2607.2018.99-109
Abstract: The article provides critical analysis of contemporary Ukrainian approaches to defining “criminal liability” and “tort liability under administrative law” as well as the approaches to defining the difference between the two liability types. The author’s idea is that the latter term should not be substituted by administrative liability in its “managerial” sense, being a liability of renewable type. The tort liability under administrative law does not belong to purely administrative type in managerial sense. It has penal features thus coming closely to criminal liability. These penal features create the essence of criminal liability. Nevertheless, the inclusion of the article on legal liability in the statute with a certain name (e.g. The Code of Ukraine on Administrative Offences), its procedural form and the name of the offence triggering the liability do not necessarily correspond with the essence of legal liability. The article also stipulates the conclusion that the essential equality of criminal offences and administrative offences, as well as of the criminal liability and tort liability under administrative law, and the wide acceptance of this approach within national legal system will provide a positive effect, specifically in: 1) further development of Criminal law and the Tort Administrative Law as a united legal area triggering its systematization, unification, elimination of legal gaps, conflict of norms, unreasonable competition between the norms etc.; 2) further exercise of legal certainty principle together with other components of the rule of law; 3) the appropriate securing of the rights of aggrieved persons as well as of the rights of offenders according to the criminal procedure standards; 4) logical and full classification of criminal offences and just differentiation of liability; 5) possibility to build up the procedural form considering the well classified system of criminal offences; 6) valid designation of the range of criminal offences triggering administrative liability with the possibility to challenge the issue in the court.
Criminal liability minimal age limit at present stage of criminal legislation development
Marina G. Knyazkova
European Researcher , 2011,
Abstract: The article considers the problem of criminal liability minimal age limit in contemporary criminal legislation.
Some considerations on disciplinary liability overlapping criminal liability
?tefania DUMITRACHE
Juridical Tribune , 2011,
Abstract: Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action
Knowledge transfer in product development: an analysis of Brazilian subsidiaries of multinational corporations
Schreiber, Dusan;Vilela Junior, Dalton Chaves;Vargas, Lilia Maria;Ma?ada, Antonio Carlos Gastaud;
BAR. Brazilian Administration Review , 2011, DOI: 10.1590/S1807-76922011000300005
Abstract: several studies about knowledge transfer in multinational corporations have found that the process is influenced by factors such as absorptive capacity, tacit knowledge and power relations, all of which impact knowledge sharing strategies between corporate headquarters and foreign subsidiaries. a multiple case study of brazilian subsidiaries of three multinational corporations using in-depth interviews, based on a conceptual model consisting of four propositions, was conducted to identify factors linked to the knowledge transfer process and to assess their influence on that transfer. the first proposition tries to assess explicit knowledge, primarily through the use of it tools; the second analyzes the role of the subsidiary within the corporate network and how it influences the degree of knowledge sharing. the third assesses the influence of subsidiary absorptive capacity and the fourth analyzes the impact of worker exchange programs on knowledge sharing between headquarters and foreign subsidiaries. study results confirm the four propositions and enable the identification of relationships between factors, especially explicit knowledge and worker expatriation as complementary factors in knowledge transfer strategies.
Knowledge Transfer in Product Development: an Analysis of Brazilian Subsidiaries of Multinational Corporations  [PDF]
Dusan Schreiber,Dalton Chaves Vilela Junior,Lilia Maria Vargas,Antonio Carlos Gastaud Ma?ada
BAR. Brazilian Administration Review , 2011,
Abstract: Several studies about knowledge transfer in multinational corporations have found that the process is influenced by factors such as absorptive capacity, tacit knowledge and power relations, all of which impact knowledge sharing strategies between corporate headquarters and foreign subsidiaries. A multiple case study of Brazilian subsidiaries of three multinational corporations using in-depth interviews, based on a conceptual model consisting of four propositions, was conducted to identify factors linked to the knowledge transfer process and to assess their influence on that transfer. The first proposition tries to assess explicit knowledge, primarily through the use of IT tools; the second analyzes the role of the subsidiary within the corporate network and how it influences the degree of knowledge sharing. The third assesses the influence of subsidiary absorptive capacity and the fourth analyzes the impact of worker exchange programs on knowledge sharing between headquarters and foreign subsidiaries. Study results confirm the four propositions and enable the identification of relationships between factors, especially explicit knowledge and worker expatriation as complementary factors in knowledge transfer strategies.
Criminal liability in dental practice
Cybelle Enta do Prado,Luciana Damasceno Ferreira Kanunfre,Alessandra Pinto Feistler,Wellington Zaitter
RSBO , 2013,
Abstract: Introduction: The technical and scientific evolution is the greatest advance in dentistry since its regulation with the law 5.081/1966; however it is worth remembering that constant modernization of treatments brings along a proportional increase on the dentist’s responsibilities with his patient. The professional should always keep in mind that along with his hand ability, innovative techniques and the best material applied there is Deontology evaluating three areas: civil, ethical-administrative and criminal. It is the dentist’s obligation to follow and respect the deontological issue in a world where lawsuits against peers have increased exponentially. Objective and Conclusion: The presented study reports the relations in the Brazilian penal code concerning to criminal responsibility of the health professionals, analyzing the dental behaviors which, once applied, configure criminal types, subjecting the agent to the prosecution and trial of criminal justice. A little known subject hardly ever discussed in dentistry.
Criminal Liability in ADHD Subjects under the Spanish Criminal Law  [PDF]
Marta M. Aguilar Cárceles, David L. Morillas Fernández
Beijing Law Review (BLR) , 2015, DOI: 10.4236/blr.2015.64023
Abstract: The aim of the present article is to focus on the general hypothesis of the possible link between the Attention-Deficit Hyperactivity Disorder (ADHD) individual diagnosis and the risk to develop disruptive and antisocial behaviors that may lead to the commission of unlawful acts in the future. Mainly when there is a severe disorder that can affect the comprehension of the criminal liability in the defendant. This idea is based on several studies and researches that in recent years have raised the question about ADHD and criminal behavior. The search for an answer to the question above is justified by the confluence of various fields of knowledge, which confirms that the analysis carried out has been established on the multidisciplinary and interdisciplinary study of ADHD. Specifically, the research has focused its target to Sciences such are Psychology, Criminology and Criminal Law. That is why we are going to divide the analysis in different section, starting with the general ones (concept, diagnostic criteria, comorbidity, the new structure of DSM and its influence on ADHD) to continue with the most specific aspects (criminal behavior, criminal liability). Finally, the last part of the article is dedicated to know which is the legal opinion and treatment by the Spanish Criminal Law.
…For our happy childhood : juvenile criminal liability in soviet legislation of 1920–1940
Еvgeny F. Krinko,Ilona V. Yurchuk
European Researcher , 2010,
Abstract: The article is concerned with the dynamics of juvenile criminal liability in Soviet legislation of 1920–1940 and states tightening penalties for young and juvenile offenders under rise in child crime.
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