Unauthorised practice of a profession or activity

Legal defence in cases involving unauthorised practice of a profession or activity

Unauthorised practice of a profession or activity (Article 348 of the Criminal Code) carries 3 months–one year or a fine where the special law provides criminal sanctions for practising without entitlement or otherwise than under lawful conditions. Not every missing authorisation is automatically an offence. The express reference in the profession’s law, conduct and conditions applicable on the date of the act must be checked. The lawyer distinguishes administrative breaches from criminal ones and examines evidence of the actual right to practise.

Absence of constituent elements, interpretation of special legislation and defence strategies

We check the special law, its reference to criminal sanctions and the conditions for the right to practise. A missing formality cannot automatically be treated as an offence where the applicable law does not permit it. Qualifications, authorisations and actual activity must be assessed as at the date of the act.
The lawyer challenges classification or culpability on the evidence. The old criterion of absence of social danger is not a standalone ground for acquittal under the current Code; discontinuance of prosecution, waiver of punishment and deferred application of the sentence are examined under their own conditions.

Urgent legal assistance in Romania

Providing services or advice without strictly completing all bureaucratic formalities may generate suspicion and quickly escalate into a criminal investigation capable of destroying your professional reputation and financial future. Basuc Cosmin Law Office provides comprehensive, specialised legal assistance whether you are suspected of practising a trade unlawfully or are an injured party who has been misled. We professionally assist at interviews before criminal investigation bodies in Romania, analyse administrative authorisation documents and formulate a robust trial defence before competent district courts, acting firmly to obtain discontinuance or the most favourable lawful outcome.