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Law No. 299 Of 28 June 2004 Concerning The Criminal Liability Of Legal Persons For Offences Of Counterfeiting Or Other Values

Original Language Title:  LEGE nr. 299 din 28 iunie 2004 privind răspunderea penală a persoanelor juridice pentru infracţiunile de falsificare de monede sau de alte valori

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LEGE no. 299 299 of 28 June 2004 on the criminal liability of legal persons for the offences of counterfeiting of coins or other values
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 593 593 of 1 July 2004



The Romanian Parliament adopts this law + Article 1 (1) Legal persons, with the exception of the state, public authorities and public institutions, are criminally liable in the case of crimes of counterfeiting of coins or other values provided in art. 282 282 and art. 284 of the Criminal Code, as well as of the crime of possession of instruments in order to falsify the values provided in art. 285 of the Criminal Code, committed on behalf of or in the interest of legal persons, by their bodies or representatives. (2) The criminal liability of the legal person does not exclude the criminal liability of the individual who participated in the commission of the same act. + Article 2 Penalties applicable to the legal person for the offences referred to in art. 1 are: fine, as the main punishment, and suspension of the activity or one of the activities of the legal person, as a complementary punishment. + Article 3 (1) The offence provided for in art. 282 282 para. ((1) and para. (2) of the Criminal Code committed by legal entities is punishable by a fine of 10,000,000 lei to 2,000,000,000 lei. (2) In case of committing the crime by a legal person, under the conditions of art. 282 282 para. (3) sentence I, the punishment is fine from 15,000,000 lei to 5,000,000,000 lei, and if it is committed under the conditions of art. 282 282 para. (3) sentence II, the punishment is fine from 25,000,000 lei to 7,000,000,000 lei. (3) Attempted to the crime provided in art. 282 of the Criminal Code committed by a legal person is punishable by a fine between the half of the minimum and the half of the maximum fine provided in par. ((1) and para. ((2). + Article 4 The provisions of art. 3 shall also apply if the offence referred to in art. 282 of the Criminal Code concerns coins or other foreign values. + Article 5 The offence provided in art. 285 of the Criminal Code committed by the legal person is punishable by a fine of 7,000,000 lei to 1,000,000,000 lei. + Article 6 (1) The complementary punishment of the suspension of the activity or of one of the activities of the legal person may be applied for a period of one year to 3 years. (2) The complementary punishment provided in par. ((1) consists in prohibiting the activity or that of the activities of the legal person in the exercise of which the offence was committed. + Article 7 The provisions set out in the general part of the Criminal Code shall also apply accordingly to the criminal liability of the legal persons provided for in this Law. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 28, 2004. No. 299. -----------