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Can a compliance programme (i) reduce the fine or (ii) permit the
corporation to avoid prosecution/conviction or lead to impunity?
This will have to be assessed on a case-by-case basis. Depending
on whether the court views the existing programme as effective it
may lead to (i), or (ii).
What is the maximum fine which can be imposed on a corporation
for a bribery offence?
RON 600,000 (approx. EUR 140,000). In the presence of aggravating
circumstances, the special maximum (i.e., RON 600,000) could
be increased by a quarter.
4. Statutes of Limitation (Verjährung)
What is the period of limitation in criminal proceedings for corruption
related offences until the end of investigation or the initiation
of prosecution?
For the standard forms (no mitigating or aggravating circumstances)
of the most relevant corruption offences under Romanian law, the
following periods of limitation in criminal proceedings are applicable:
(i) Active bribery: maximum five years (natural and legal entities);
(ii) Passive bribery: maximum ten years (natural and legal entities);
(iii) Receipt of undue advantages: maximum five years (natural and
legal entities);
(iv) Influence peddling: maximum eight years (natural persons), five
years (legal entities);
(v) Influence trafficking: maximum eight years (natural persons), five
years (legal entities);
(vi) Active bribery of foreign officials: eight years (natural persons),
five years (legal entities);
(vii) Non-disclosure of corruption offences: five years (natural and
legal entities). The periods of limitation in criminal proceedings will
be interrupted by the performance of any act that pursuant to the
law must be communicated to the indicted person during the criminal
proceedings (e.g., the presentation of the prosecution material).
After each interruption, a new period of limitation of criminal proceedings
begins. But irrespective of the number of interruptions of
the periods of limitation of the criminal proceedings, criminal liability
is excluded when the period of limitation provided by the law has
elapsed one time and a half.
What is the period of limitation in civil proceedings resulting
from criminal offences?
Three years from the day the injured party knew or should have
known the damage and the liable party.
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