Interference with possession

Legal defence in cases involving unlawful interference with possession

Interference with possession (Article 256 of the Criminal Code) concerns unlawful occupation of all or part of immovable property possessed by another through violence, threats or destruction or relocation of boundary markers. The penalty is 1–5 years’ imprisonment or a fine. The article does not contain a separate 2–7-year form for two or more persons. Not every boundary disagreement is criminal, but holding title does not justify every method of taking possession either. A lawyer can correlate cadastral documents, actual possession and the circumstances of the conflict.

Determining boundaries and defence strategies

The defence examines prior possession, the unlawfulness of occupation and the specific means under Article 256. We check titles, land registry extracts, surveys, photographs and statements. Good faith or mistake must be supported by evidence; invoking one’s ownership does not automatically exclude the offence. Criminal proceedings begin on a prior complaint by the victim, and Article 256 does not expressly provide reconciliation. Withdrawal is checked under Article 158 and takes effect only with the prosecutor’s endorsement. Restoring the situation and negotiation may be useful but do not by themselves close the case. We can manage the civil aspect and criminal defence in parallel without confusing them.

Urgent legal assistance in Focșani and Vrancea county

Conflicts over property boundaries, construction of new fences or use of agricultural or residential access routes in rural and urban Vrancea can quickly escalate into criminal complaints and police scene examinations. The Law Office of Lawyer Basuc Cosmin in Focșani provides specialist legal assistance in interference with possession cases throughout Vrancea County. We assist at interviews and preliminary prosecutorial enquiries, formulate technical objections to investigators’ measurements and provide an active trial defence before Focșani District Court or prosecutors’ offices attached to Vrancea courts, seeking to protect your property rights and liberty.