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specific criminal legal text (e.g. Article 367 of the authorship based on intent but I see no real imPenal Code) or being a natural form of commit- pediment why this could not be used when joint ting a felony (e.g. Article 198 of the Penal Code). authorship based on recklessness or negligence is manifestly related to a specific real case. Based on the previous analysis, one can only conclude that joint authorship is not only possible in To conclude, based on all the arguments and excase of reckless behaviour but it is necessary. amples, I consider that joint authorship regarding reckless crimes is more than just a subject for exApart from being a controversial subject in the Rotensive debate between scholars. It is a solid judimanian legal literature, joint authorship can have cial reality. When it comes to sanctioning defiant dire consequences upon the punishment estabculpable actions such as causing the death of more lished for the participants. In order to understand people because of gross negligence in administratthe importance of this institution, a recent tragedy ing a business, the practical side of joint authorfrom Romania must be taken into consideration. I ship is obvious. It is the legal and conceptual basis am talking here about the fire in club Colectiv (for for aggravating the responsibility of those found details, see www.reuters.com). Three men were guilty by a national court. associates in a limited liability company, having equal powers and responsibility. The company op- By Vlad Bota erated in the public entertainment sector providing venues for public indoor concerts. One of the obligations of the three associates was to guaranWould you like to do a Masters tee the security of the people who attended such abroad, but don’t know where? Do concerts. They constantly allowed access in such a venue for more people than the building could you need need funding? safely house, and moreover, they have used below the legal standards insulation when soundproofing the location. A fire broke out at such a concert and spread rapidly because of that low quality insulation, and the people could not get out fast enough, for the place was overcrowded. Around 60 people lost their life because of asphyxiation. A national court might find the three guilty of involuntary manslaughter of two or more people under Article 193 §2, §3 of the Penal Code. In my opinion, in such a case, in the eventuality of a conviction, the court could also give effect to the aggravating circumstance from Article 77 a) of the Penal Code, when a crime is committed by three or more persons together. Thus the court could add two more years to the sentence if the maximum penalty of Article 193 would not be enough given the severity of the crime. Traditionally, Article 77 a) is only applicable in the case of joint
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