Influencing statements

Legal defence in cases of influencing statements

Influencing statements (Article 272 of the Criminal Code) involves attempting to induce or inducing a person, irrespective of their status, through bribery, coercion or manifestly intimidating acts, not to report to the authorities, not to testify, to retract, to lie or not to present evidence in judicial proceedings. The penalty is imprisonment for one to 5 years. Success is not required, and intimidation may also concern the person’s family. An act which itself constitutes another offence results in concurrent offences. The exception for pecuniary settlements in paragraph (2) has a strict scope.

Means of pressure and defence strategies

Messages, recordings, the relationship between the people and the context of discussions must be analysed to establish bribery, coercion or a manifestly intimidating effect. A legitimate request for clarification is not equivalent to criminal pressure, but the person’s failure to change their statement does not exclude the offence.
The lawyer examines the purpose of the approach, reliability of evidence and any pecuniary exception under paragraph (2), which applies only to offences subject to a prior complaint or reconciliation. Not every settlement, withdrawal or negotiation with a witness falls within that exception.

Urgent legal assistance in Romania

In Vrancea county, allegations of influencing statements frequently arise during criminal proceedings, where witnesses are often questioned under pressure and any change in their account may trigger immediate investigations for this offence. The office of Lawyer Basuc Cosmin offers specialist legal assistance to defend you against these serious allegations. We represent you before the competent police and prosecutors’ offices, analyse recordings and electronic evidence relied on by the prosecution and formulate rigorous defences before competent district courts or the competent tribunals, ensuring defence of your fundamental rights and challenging any misinterpretation of your actions.