Part I

One of the doctrinal controversies regarding the criminal liability of legal entities has centered on the question of whether a legal entity can feel the effects of a punishment and whether it is fair to impose such a punishment on all members of a legal entity, whether guilty or innocent. An overview of the categories of criminal sanctions applicable to legal entities under Romanian law. This covers both the Criminal Code currently in force and the new Criminal Code. Among the issues discussed are: the criteria used by the legislature to determine which legal entities are exempt from the penalty of dissolution or suspension of operations; difficulties in enforcing the penalty of prohibition from participating in public procurement procedures and the penalty introduced by the new Criminal Code, namely placement under judicial supervision. At the same time, the question arises regarding the advisability of establishing a probation system for legal entities.

Keywords: legal entity, criminal liability of legal entities, sanction, penalty, fine, dissolution, suspension of operations, closure of business locations, public procurement, posting, publication of the decision, placement under judicial supervision