Unlawful deprivation of liberty

Legal defence in cases involving unlawful deprivation of liberty

Unlawful deprivation of liberty (Article 205 of the Criminal Code) is punishable in its basic form by 1–7 years’ imprisonment. It also includes abducting a person unable to express their wishes or defend themselves. If the perpetrator is armed, the victim is a child or the victim’s health or life is endangered, the penalty is 3–10 years. If death results, the limits are 7–15 years and certain rights are prohibited. The victim’s pregnancy or impersonating an official are not the specific aggravating circumstances listed in this article. The duration and manner of restricting liberty and genuine consent must be carefully assessed, and early assistance from a lawyer is recommended.

Legal classification and defence strategies

The defence in an unlawful deprivation of liberty case focuses on the perpetrator’s intent and the unlawful nature of the conduct. Such accusations often arise in family conflicts, child custody disputes or violent commercial disagreements over debt recovery, with a risk of misinterpretation by investigating bodies. The legal strategy focuses on demonstrating absence of the offence’s material element — for example, where the ‘injured party’ had a genuine, unrestricted opportunity to leave — or invoking justifications such as the victim’s consent or exercise of a legitimate right, which may lead to discontinuance of the case or acquittal.

Urgent legal assistance in Focșani and Vrancea county

Because of the seriousness of the accusations, prosecutors frequently seek stringent preventive measures, such as judicial supervision, house arrest or even pre-trial detention. The Law Office of Lawyer Basuc Cosmin in Focșani provides a technical, rigorous defence, with urgent legal assistance at interviews before criminal investigation bodies and representation before the judge of rights and liberties. We carefully analyse video recordings, GPS or GSM cell location data and witness statements, providing firm representation before Focșani District Court or the Vrancea Tribunal to obtain a fair outcome and prevent procedural abuse.