Failure to perform official duties or improper performance of those duties

Legal defence in cases involving failure to perform official duties or improper performance

Failure to perform official duties or improper performance (Article 329 of the Criminal Code) concerns employees of railway infrastructure or transport, intervention or shunting operators. Railway traffic safety must be endangered. The intentional form carries 1–5 years; causing a railway accident attracts 3–10 years. This is not a forgery offence or a general criminalisation of every private employee’s error. Duties, danger and the connection with railway traffic must be proved.

Railway safety, employment duties and defence strategies

We examine the railway role, specific duty, technical rules and danger created for traffic. Systemic deficiencies or others’ actions may be relevant but do not replace analysis of the offender’s contribution. For the intentional form, culpability must be proved separately from merely identifying an error.
A lawyer analyses traffic logs, communications and expert assessments, including whether the event meets Article 333’s definition of a railway accident. We do not build the defence around private-document forgery, which has different provisions and conditions.

Urgent legal assistance in Focșani and Vrancea county

Railway safety cases require examination of duties and technical evidence, including the connection with any accident. Basuc Cosmin Law Office in Focșani provides comprehensive, highly confidential legal assistance, protecting your procedural rights before all investigative institutions in Vrancea County. We provide urgent assistance during police interviews, manage analysis of job descriptions and internal rules to rebut allegations of bad faith, and deliver a rigorous trial defence before Focșani District Court, working firmly to preserve your liberty and professional reputation.