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The preventive role of the judiciary in protecting the financial interest of the European Union.
A comparative analysis for improved performance
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Having imposed a penalty upon a legal entity, a court may also decide to announce this ruling in the
media.
4.2.4.
The Romanian case
The primary criminal punishment for legal persons is the fine. The fine value is dependent on the sanction
in fine or prison applicable for natural persons – a table of correspondence between the prison
punishments for natural persons and the fines for legal persons being presented in the Criminal Code –
and on the total revenue value of the legal person and varies from 3.000 lei (about EUR 650) to 3.000.000
lei (about EUR 650.000).
42
Several accessory sanctions are provided by the Criminal code
43
:
the dissolution of the legal person;
suspension of the activity or one of the activities of the legal person for a period from 3
months to 3 years;
the closure of working places of the legal person for a period from 3 months to 3 years;
ban from participating in public procurement procedures for a period from 1 to 3 years;
judicial supervision;
publication of the conviction ruling.
The exact value of the fine, within the limits provided by the law and the application of one or more
accessory sanctions is decided by the judge in accordance with the nature and gravity of the criminal
offence.
44
The Criminal Code allows the judge to decide to apply several of the accessory sanctions,
proportionally with the nature and seriousness of the criminal offence perpetrated by the legal person
and accessory sanctions, whenever they are needed in the concrete context of the offence and the legal
persons operations,
45
.
In case the final decision for a natural person does not explicitly provide for the length of the ban to
contract with the public administration, this is fixed in 5 years or it is equal to the length of the main
sanction, if the main sanction is shorter than five years. Concerning legal persons, a two-year limit is
provided.
4.3.
The ban from participation to public procurement as a punishment for criminal
offences
Among the national cases analysed, Lithuania doesn’t ban convicted legal person from participating to
public procurement as a sanction.
In Italy
, in accordance with Article 13 of Decree 231, ban sanctions apply when at least one of the
following conditions occurs:
42
The Romanian Criminal Code, art. 136
43
Ibidem.
44
The Romanian Criminal Code, art. 137
45
The Romanian Criminal Code, art. 137. Andra-Roxana TRANDAFIR-ILIE. 2013.
Op. cit.,
2015 and Andra-Roxana
TRANDAFIR-ILIE. 2015.
Op. cit.