The draft was approved yesterday during the first meeting of Vasile Tofan’s government. The document was drafted by the Ministry of Justice. Its authors aimed to create a more effective legal framework for criminal prosecution of legal entities.
According to the draft, fines will remain the primary form of punishment; however, the list of sanctions is proposed to be expanded to include measures such as deprivation of the right to engage in certain types of activities, to benefit from state incentives or other forms of state support, and to participate in government procurement and public-private partnership projects.
The list of progressively stricter penalties also includes placing the legal entity under judicial supervision, publicly disclosing the verdict through its publication, closing a structural unit of the company, and, finally, liquidating the legal entity.
As the draft’s authors explain, the amendments will prevent situations where a legal entity that has committed a crime and caused harm to the state or other persons faces only a single penalty—in the form of dissolution or deprivation of the right to engage in certain activities— without the imposition of a financial penalty for the illegally obtained benefit.
The draft also proposes amendments to the Criminal Procedure Code and the Enforcement Code, as well as a number of sector-specific laws.
