Criminal
Law in Romania

Specialised defence in economic-crime cases: tax evasion (Art. 9 of Law 241/2005) — challenging the tax authority’s estimation methods, demonstrating good faith, fraud (Art. 244 Criminal Code) including fraud as to the quality of goods and computer fraud, embezzlement (Art. 295 Criminal Code) with a detailed analysis of the management acts involved, fraudulent management (Art. 242 Criminal Code) and breach of trust (Art. 238 Criminal Code), fraudulent bankruptcy (Art. 241 Criminal Code) with an analysis of the insolvency status, money laundering (Law 656/2002) — demonstrating the lawful origin of assets, smuggling and customs evasion, offences relating to company-law rules (Law 31/1990), and computer crime (unauthorised access, computer fraud, computer-related forgery).

Defence in National Anticorruption Directorate (DNA) and DIICOT cases: taking a bribe (Art. 289 Criminal Code) and giving a bribe (Art. 290 Criminal Code) — analysing the constitutive elements, demonstrating entrapment, influence peddling (Art. 291 Criminal Code) and buying influence (Art. 292 Criminal Code), related corruption offences — the misuse of influence or authority, abuse of office (Art. 297 Criminal Code) with demonstration of a lack of harm or a lawful justification, negligence in office (Art. 298 Criminal Code), conflict of interest (Art. 301 Criminal Code), offences under Law 78/2000 on preventing and combating corruption, assistance during DNA proceedings (interviews, confrontations, reconstructions), and challenging technical surveillance measures (wiretaps, digital-forensic searches).

Complex defence in money-laundering cases: analysing and challenging the constitutive elements of the laundering offence (Law 656/2002), demonstrating the lawful origin of assets through forensic financial audit, challenging precautionary seizures and asset-freezing measures, defending against extended confiscation (Arts. 112¹-112³ Criminal Code) — demonstrating proportionality, challenging reports from the National Office for Prevention and Control of Money Laundering (ONPCSB) and suspicious-transaction analyses, defence in cases involving international judicial cooperation (letters rogatory, European Investigation Orders), working with financial experts and forensic auditors on counter-expert opinions, and negotiating with prosecutors for the release of seized assets.

Immediate intervention at the criminal-investigation stage: assistance when the client is taken from home or brought before investigators, assistance during interviews (the right to silence, the right against self-incrimination), assistance during home and body searches — verifying the legality of the warrant, challenging preventive measures (detention, pre-trial arrest, house arrest, judicial control) — drafting applications for their replacement or revocation, challenging technical surveillance measures (phone tapping, digital-forensic searches, GPS tracking), drafting applications and submissions during the investigation, access to and copying of the case file (under the Criminal Procedure Code), and assistance when the investigation file is presented to the defence.

We represent injured parties: drafting and filing criminal complaints with the correct legal classification of the facts, complaints against decisions to close the case or drop the investigation, joining the criminal proceedings as a civil party with an assessment of material and moral damages, the civil claim brought within the criminal proceedings under Articles 19-28 of the Criminal Procedure Code, assistance in gathering the evidence needed to support the prosecution (witnesses, documents, expert reports), participation in investigative acts as an injured party, negotiating criminal-mediation agreements (where available for the offence), and enforcing the civil component of criminal judgments.

We negotiate strategic plea agreements: assessing whether the simplified guilty-plea procedure is advisable (Art. 374(4) Criminal Procedure Code), which reduces sentencing limits by one third, the plea agreement with the prosecutor (Arts. 478-488 Criminal Procedure Code) — negotiating the type and amount of the sentence, a cost-benefit analysis of pleading guilty versus a standard trial, negotiating the terms of the agreement (suspended sentence, criminal fine, community service), ensuring procedural rights are respected throughout the plea procedure, court review of the agreement’s lawfulness, and advising the client on the consequences of a conviction (criminal record, prohibitions, loss of certain rights).