MĂSURI ALTERNATIVE DE PREVENIRE ȘI SANCȚIONARE A PERSOANELOR JURIDICE ÎN DREPTUL PENAL

Abstract

It would be advisable to take into consideration opinion of lawyers and business people, when developing institute of criminal liability of legal entities, because this issue concerns corporative culture. Business people could advise on elaboration of standards of self-governing good morals. A legislator could in its turn make negligence of these standards into basic requirement for criminal liability of legal entities. None the less it does not mean that an issue of criminal liability of legal entities in Moldova shall exceptionally be settled in the light of corporative culture doctrine. There are no sample-models regarding application of criminal liability to legal entities, which would satisfy all countries. The doctrine of corporative criminal liability fits to cases, where punishment is imposed for formal offences, for example, storage of illegal objects, failure to observe terms. In these cases offence is completed with the moment of action, and mental state of the person in relation to the objective elements of the criminal offence must not be established. Therefore particular activity determines subjective attitude of the guilty person in relation to the offence. The most important in this field are the existent punishments really efficient and how to maximize the efficiency of these punishments. That is why we try to prose several alternatives for prevention and sanction of the legal entities.