Identity fraud

Legal defence in identity-fraud cases

Identity fraud (Article 327 of the Criminal Code) carries 6 months–3 years under paragraph (1) and requires fraudulent use of an identification, credential or civil-status document, authentic or forged, to mislead or keep an official mistaken and produce a legal consequence. Using another person’s real identity under paragraph (2) attracts one–5 years. Entrusting the document for unauthorised use under paragraph (3) is punishable by 3 months–2 years or a fine. A mere verbal assertion does not automatically meet Article 327.

Technical purpose, absence of specific intent and defence strategies

We analyse the document used, person misled and legal consequence sought. A false verbal assertion without the mechanism required by paragraph (1) is not automatically identity fraud. Using another person’s real identity has the separate limits of one–5 years.
The lawyer checks the document’s authenticity, consent to entrust it and specific purpose. Mistake or use in a context without legal consequences must be supported by evidence. We do not limit the offence’s purpose solely to avoiding criminal liability.

Urgent legal assistance in Romania

Verbally giving a relative’s details during a traffic check or mistakenly using an identity document that is not yours can rapidly trigger a serious criminal case, with a risk of 24-hour police custody. Basuc Cosmin Law Office offers comprehensive and highly confidential legal assistance before investigating authorities in Romania. We provide urgent assistance during police interviews, guide your approach during the criminal investigation to prevent abuses and provide rigorous representation at trial before competent district courts or competent tribunals, working firmly to establish good faith and preserve your liberty.