Dispute Resolution in Criminal Cases in Romania When the Defendant Is a Legal Person

Abstract

This study analyzes the resolution of criminal disputes involving legal persons under Romanian criminal procedure, with a particular focus on plea agreements. Corporate criminal liability was formally introduced in Romania in 2006 and further developed in the 2014 Criminal Code, enabling prosecution for a wide range of offenses including economic crimes, corruption, environmental violations, and money laundering. Unlike natural persons, legal entities cannot be imprisoned, making fines, dissolution, suspension of activities, and exclusion from public procurement key tools for sanctioning. Using doctrinal and practice-based research, this paper examines the procedural framework, including the roles of case prosecutors and hierarchical superior prosecutors in negotiating and approving plea agreements. Key findings indicate that plea agreements offer predictability, reduced sanctions, and efficiency, while courts provide judicial oversight to ensure legality, proportionality, and fairness. Empirical evidence from 2023 corporate cases demonstrates the practical application of these mechanisms. The study concludes that, although Romania lacks formal deferred prosecution agreements, existing dispute resolution tools function effectively for corporate defendants, and future reforms may further align Romanian practice with international standards, enhancing flexibility, restorative justice, and corporate accountability.