Disclosure of official secrets or non-public information

Legal defence in cases involving disclosure of official secrets or non-public information

Disclosure of official secrets or non-public information (Article 304 of the Criminal Code) carries, under paragraph (1), 3 months–3 years’ imprisonment or a fine where the perpetrator learns the information through their duties and a person’s interests or activities are affected. Paragraph (2), disclosure by someone who has learned the information, provides one month–one year or a fine and is not the negligent form. Negligence is sanctioned under Article 305(2), with 3 months–one year or a fine. Serious consequences concerning an investigator or protected witnesses may carry 2–7 years or, in the situation specified in paragraph (3), 5–12 years.

Non-public nature of information, absence of the mental element and defence strategies

We identify the information, its non-public status, the right to disclose it and how the perpetrator learned it. An effect on interests or activities is required by paragraph (1), not automatically transferred to paragraph (2). Intentional disclosure under paragraph (2) is not negligence.
The lawyer separately checks negligence under Article 305 and aggravating circumstances involving an investigator or protected witnesses. A contractual confidentiality duty does not by itself prove every criminal element. Messages, authorisations and actual consequences must be analysed against the exact variant alleged.

Urgent legal assistance in Focșani and Vrancea county

Sending internal company or public-institution documents to third parties can quickly escalate into a complex criminal case capable of permanently compromising your professional status, career and liberty. The Basuc Cosmin Law Office in Focșani provides comprehensive, confidential legal assistance whether you are a suspect or defendant or an injured party following a confidential-data leak. We assist at interviews before criminal investigation bodies in Vrancea County, represent you during forensic searches of electronic devices and provide a rigorous trial defence before Focșani District Court or Vrancea Tribunal, firmly seeking to protect your rights.