Abuse of office

Legal defence in abuse of office cases

Abuse of office (Article 297 of the Criminal Code) involves failure to perform an act required by primary legislation, or performing it in breach of a law, ordinance or other instrument with force of law, causing damage or harm to rights or legitimate interests. The penalty is 2–7 years and disqualification from public office. Paragraph (2), concerning restriction of a right or creation of disadvantage on the listed grounds, is an equivalent variant with the same penalty. Deferral of sentencing is excluded where the maximum is 7 years; possible application of Article 308 is assessed separately.

Reconciliation, withdrawal of complaints and defence strategies

We identify the primary legislative provision establishing the breached act or obligation. Failure to follow an internal instruction is not alone sufficient for Article 297(1). Damage or harm and causation must be proved alongside culpability.
A lawyer analyses duties, administrative acts and expert assessments, as well as possible application of Article 308. The former wording of improper performance does not replace current conditions. For the form with a 7-year maximum, deferral is excluded; suspension or other outcomes have their own requirements and cannot be promised solely because there are no prior convictions.

Urgent legal assistance in Focșani and Vrancea county

Abuse of office cases often involve institutional pressure, complex inspections and major risks to career and freedom. Basuc Cosmin Law Office in Focșani provides comprehensive legal assistance whether you are a suspect, defendant or victim. We assist during interviews before police and the Prosecutor’s Office in Vrancea County, analyse administrative documents and evidence, represent you in negotiations with the civil claimant and provide a rigorous defence before Focșani District Court, Vrancea Tribunal or higher courts, working to protect your rights and secure the most favourable lawful outcome.