Misappropriation of found property or property received by mistake

Legal defence in cases involving misappropriation of found property or property received by mistake

The offence of misappropriation of found property or property received by mistake (Article 243 of the Criminal Code) punishes a person who comes into possession of movable property not belonging to them, either by finding it or receiving it by mistake, such as a delivery error or erroneous bank transaction, and fails to hand it to the authorities or owner within 10 days, or disposes of, uses or transfers it. The statutory penalty is one to 3 months’ imprisonment or a fine. Although it may appear minor, the offence can result in a criminal record and long-term consequences, making involvement of a criminal defence lawyer essential to clarify the sequence of events.

The statutory handover deadline and defence strategies

For found property, we check the handover deadline and any dealing with it as one’s own. For property received by mistake or chance, the 10-day period runs from learning that it does not belong to the recipient; wrongful appropriation or disposal may complete the offence before the period expires. Messages, calls and approaches to the bank or authorities may clarify intent, but difficulty finding the owner does not automatically justify retention. Article 243 does not require a prior complaint; paragraph (3) permits reconciliation subject to the conditions and deadline in Article 159. We can negotiate restitution and check valid reconciliation, without confusing unilateral payment or return with extinction of liability.

Legal assistance and representation in Focșani and Vrancea County

Keeping a phone left on a bench, picking up a wallet or using money mistakenly transferred into your bank account can quickly lead to a criminal complaint and police interviews. The Law Office of Lawyer Basuc Cosmin in Focșani provides urgent legal assistance in found-property misappropriation cases in Vrancea County. We assist at interviews before criminal investigation bodies and preliminary checks by prosecutors, represent you in negotiations with the injured party to resolve the dispute and provide an active trial defence before Focșani District Court or Vrancea prosecutors’ offices, protecting your procedural rights and clean criminal record.