Duties' execution missing from the indicators of the PDO (Product of Designation Origin)
In a significant development for businesses and the legal community, amendments have been made to the Criminal Code in the country, differentiating organized groups from simple agreements among entrepreneurs more clearly. This change comes following the Constitutional Court's decision No 72 of June 25, 2025.
The Constitutional Court recognized parts of Articles 245 and 262 of the Criminal Code, as well as points 11 and 13 of the Supreme Court's Decision No 2 of June 21, 2001, as constitutional. These updates now form part of the country's criminal legislation.
The changes aim to eliminate legal uncertainty and reduce the risk of criminal prosecution for business entities. In a move to further clarify the distinction between legitimate entrepreneurial activity and criminal actions of organized groups, the Constitutional Court has recommended that the Supreme Court summarize judicial practice.
The need for these changes was highlighted during the review process, as the Constitutional Court noted the problem of recognizing entrepreneurs as a criminal group solely based on formal characteristics of their commercial structures.
One of the key amendments is that the performance of official duties by employees of official enterprises is no longer considered a sign of participation in an organized criminal group, unless such enterprises are clearly created for committing crimes. This aligns with the state's policy of protecting entrepreneurship and preventing unfounded pressure on businesses.
The General Prosecutor's Office has also reported that employees of official enterprises will no longer be automatically equated to members of organized criminal groups, except in cases where such enterprises are clearly created for committing crimes.
Despite extensive searches, no publicly available information has been found about these changes in the Criminal Code related to the differentiation between entrepreneurship and organized crime following the Constitutional Court's decision No 72 of June 25, 2025. For a comprehensive understanding of the precise legal changes implemented, reviewing the text of the decision or official legislative updates directly would be necessary.
The updates to the Criminal Code, following the Constitutional Court's decision No 72 of June 25, 2025, have been integrated into the country's policy-and-legislation, aiming to reduce legal uncertainty and prevent criminal prosecution for business entities. These amendments also strive to clarify the distinction between legitimate entrepreneurial activity and the criminal actions of organized groups, as a recommended step by the Constitutional Court towards summarizing judicial practice.
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