Negligence in office

Legal defence in negligence in office cases

Negligence in office is governed by Article 298 of the Criminal Code, not Article 242 on fraudulent management. It concerns negligently breaching a duty laid down by primary legislation by failing to perform an act or performing it contrary to that legislation, causing damage or harm to rights or legitimate interests. The penalty is 3 months–3 years’ imprisonment or a fine. Absence of intent does not exclude this negligent offence. The lawyer checks the rule breached, actual duties, consequence and the person’s ability to foresee or avoid the outcome.

Addressing damage, absence of the mental element and defence strategies

The defence checks the primary-law rule, specific duties and realistic ability to foresee or avoid the outcome. Absence of intent is insufficient because the accusation concerns negligence. Identified damage does not automatically establish an attributable breach of an obligation.
Work documents, training and expert evidence may clarify allocation of responsibilities and the cause of the outcome. The lawyer challenges attribution of a nonexistent obligation or failure to prove causation and distinguishes criminal liability from administrative or disciplinary errors.

Urgent legal assistance in Focșani and Vrancea county

Accusations against public officials or contractual staff can quickly escalate into a complex criminal case capable of destroying your career and professional future. The Law Office of Basuc Cosmin in Focșani provides comprehensive legal assistance whether you are a suspect or defendant or an injured party in a criminal case. We assist at interviews before criminal investigation bodies in Vrancea County, represent you in dealings with technical experts and provide a rigorous trial defence before Focșani District Court or Vrancea Tribunal, seeking to protect the presumption of innocence and obtain the most favourable lawful outcome.