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The policemen with the Bacau Criminal Investigation Service, together with special forces and forensic specialists, carried out two house searches,. ....
Head of the Emergency Situations Department (DSU) Raed Arafat said today that the decision of the Bacau Court of Appeal overturning the Government. ....
For this purpose, we decided to take a closer look at the liability model implemented by the US, since we all know that they are the Motherland of compliance”. The US Sentencing Guidelines[2] soon came to mind, especially since they dedicate an entire section (Chapter VIII) to sentencing organisations. We found the following core principles to be extremely helpful for Romanian organisations (in the light of Romanian case law):
The existence of an effective compliance and ethics programme is a mitigating factor. In other words, the existence of such a programme will not, in itself, determine whether an organisation should be held criminally liable or not, but will function as a mitigating factor in sentencing those organisations found to be guilty. ....
Article by Oana Piticas, Senior Associate, Coordinator White Collar Crime Practice Bucharest, Noerr Although Romanian law established criminal liability of organisations in 2006, thus adopting a liability model very similar to that of France, Belgium and Portugal, there is still a lot of confusion when it comes to determining when an organisation is to be held criminally liable. From what we see in our day-to-day activity, the courts are still struggling to determine when offences committed by the management of an organisation can also trigger the criminal liability of the organisation itself[1]. Therefore, as we do every time our legal provisions prove to be insufficient and unclear or case law remains confusing and inconsistent, we lawyers look at similar legislative systems or liability models that have often been the “inspiration” for our laws to best learn how they are intended to function and be implemented. ....