Failure to enforce criminal sanctions

Legal defence in cases of non-compliance with criminal sanctions

Non-compliance with criminal sanctions (Article 288 of the Criminal Code) concerns, in paragraph (1), supplementary or ancillary penalties and the safety measures under Article 108(b) and (c), punishable by 3 months–2 years or a fine unless a more serious offence exists. Evasion of a custodial educational measure by departure or failure to report attracts 3 months–one year or a fine. Failure by an agent or director to implement supplementary penalties imposed on a legal entity among those under Article 141 is punishable by a fine. The obligation actually imposed by the judgment must be checked before classification.

Statutory elements and defence strategies

The judgment and criminal obligation actually imposed are the defence’s starting point. We check the sanction category, person bound, communication and genuine ability to comply. Not every breach of a safety measure falls under paragraph (1).
The lawyer distinguishes attributable non-compliance from an objective impediment and checks subsidiarity to a more serious offence. Educational measures and legal entities have their own variants and penalties; arguments must be adapted, not mechanically taken from a case concerning a principal sentence.

Urgent legal assistance in Focșani and Vrancea county

Whether you are an individual facing allegations of breaching prohibitions or a company director subject to criminal obligations, any irregularity in implementing sanctions can lead to additional criminal cases. The office of Lawyer Basuc Cosmin in Focșani offers specialist legal assistance to protect your interests before Focșani District Court or the Vrancea Tribunal. We rigorously analyse whether the alleged acts meet the statutory elements (including relevant case law, such as Preliminary Ruling No. 2/2019) and formulate defences to clarify your situation, working to prevent unnecessary convictions and restore compliance with the law.