{"id":7136,"date":"2026-06-28T03:44:40","date_gmt":"2026-06-28T03:44:40","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7136"},"modified":"2026-10-31T16:09:35","modified_gmt":"2026-10-31T16:09:35","slug":"the-company-and-the-administrator-when-criminal-liability-arises","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/firma-si-administratorul-cand-apare-raspunderea-penala\/","title":{"rendered":"The company and the administrator: when criminal liability arises"},"content":{"rendered":"

A company can be held liable for an offense committed in the performance of its business activity, in its own interest or on its behalf. The liability of the company is distinct from that of the administrator and other natural persons involved; under the law, both may be held liable for the same offense.<\/p>\n

The basic rule is in Article 135 of the Criminal Code. To apply it, the concrete act, the connection with the legal entity and the evidence in the file are analyzed. The function of administrator alone does not prove participation in the crime.<\/p>\n

When the company can be held liable criminally<\/h2>\n

According to Article 135, paragraph (1) of the Criminal Code, the legal entity is liable for the crimes committed in the performance of its business activity or in the interest of or on behalf of the entity itself. The state and public authorities are exempt. For public institutions, the law provides an exception in the case of acts committed in the exercise of an activity that cannot be subject to private law.<\/p>\n

In a specific case, what matters is, among other things, who acted, in what capacity, what their goal was, how the company\u2019s activity was used, and what advantage or effect the conduct sought to achieve. The mere existence of a crime within the company does not automatically establish its responsibility.<\/p>\n

The administrator answers separately<\/h2>\n

Article 135, paragraph (3) stipulates that the criminal liability of the legal person does not exclude that of the natural person who contributed to the same act. The administrator, director or employee may be held liable if evidence shows their contribution and the conditions of the offense are met. Professional title or the signing of a document do not replace the analysis of conduct and the form of guilt required by law.<\/p>\n

Therefore, the company and the administrator can be investigated in the same case, but each person\u2019s liability is determined individually. The defense of the company and the defense of the administrator may have different interests, especially when there are disagreements regarding decisions or the flow of documents.<\/p>\n

What sanctions the company may receive<\/h2>\n

The main penalty applicable to legal entities is the criminal fine. The Criminal Code also provides for complementary penalties that can be applied depending on the offense and the circumstances of the case:<\/p>\n