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Criminal liability of legal entities will be strengthened

In the case of reorganization of a legal entity after the commission of the crime, criminal liability will be transferred to the legal entities created through reorganization, taking into account the total turnover and value of the property of the perpetrator of the crime, as well as the part of its property transferred to each legal entity involved in the reorganization," Logos Press reported.
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Criminal liability of legal entities will be strengthened

The Ministry of Justice has submitted for public consultations a draft law on amending certain regulatory acts (strengthening the criminal liability of legal entities and establishing sanctions for violation of international restrictive measures).

Its main objective is to ensure the prevention and more effective fight against criminal acts, as well as to harmonize the national legislation with international standards, which is a prerequisite for Moldova’s integration into the European Union.

If the draft is approved in the author’s version, the Criminal Code (CC) will be supplemented with new provisions regulating the criminal liability of legal entities. Thus, it is proposed to reformulate Article 63 of the CC, which establishes the categories of penalties applicable to legal persons.

Under the new conditions, the following types of punishments may be applied to legal entities:

– fine;

– deprivation of the right to carry out certain activities;

– deprivation of the right to receive a public benefit or assistance;

– deprivation of the right to participate in procedures of public procurement, concessions, public-private partnership, privatization;

– deprivation of the right to conclude contracts with state enterprises, municipal enterprises, public interest entities, commercial organizations with predominant state capital;

– transfer under judicial supervision;

– promulgation or pronouncement of a guilty verdict;

– closure of a unit of a legal entity;

– liquidation of a legal entity.

The draft provides that the fine will be applied as the main punishment, and other sanctions provided for will be applied only as an additional one, including cumulatively.

At the same time, it is proposed to supplement the Criminal Code with a new article (Art. 641) providing for fines imposed on legal entities. Thus, in cases provided for by Part 3 of Article 21 of the Criminal Code, the amount of fine for legal entities is proposed to be set in the range from 1,500 to 60,000 U.S. dollars, depending on the nature and gravity of the offense committed, the amount of damage caused, as well as the economic, financial and other status of the legal entity. In case of malicious evasion of the legal entity from paying the established fine, the court will be able to replace the unpaid amount of the fine by foreclosure of property.

According to the new wording of the Criminal Code provisions, deprivation of a legal entity of the right to carry out certain activities will consist in prohibiting the legal entity from carrying out one or more activities that served as the basis for the offense. If the legal entity continues to carry out the activities from which it was suspended, the court may, by reasoned decision, replace the punishment with liquidation of the legal entity.


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