Taking a bribe

Legal defence in cases involving taking a bribe

Taking a bribe (Article 289 of the Criminal Code) concerns demanding, receiving or accepting a promise of undue benefits connected with an official act, including performing, failing to perform, expediting or delaying it. The penalty is 3–10 years and disqualification from public office or the profession or activity used to commit the offence. For persons under Article 175(2), the offence has the narrower conditions of Article 289(2). Benefits received are liable to confiscation. Ordinary trial jurisdiction lies with the tribunal, subject to jurisdiction based on the person’s status.

Penalties and defence strategies

We examine the person’s status, duties, the benefit’s nature and its connection to the official act. Receipt after performance of the act is not automatically excluded: the provision requires a connection to official duties, not only payment before an unlawful act. For Article 175(2), we analyse the specific limitations.
Recordings and supervised operations must be checked for authenticity and lawfulness. A lawyer challenges unlawful evidence and may invoke the prohibition on entrapment, without equating every report or undercover intervention with entrapment. Defence arguments and applications concerning preventive measures are tailored to the actual evidence.

Urgent legal assistance in Focșani and Vrancea county

Corruption allegations can trigger complex criminal proceedings that endanger your career and freedom. Basuc Cosmin Law Office in Focșani provides comprehensive legal assistance tailored to the seriousness of these cases for suspects and defendants. We assist during interviews before criminal investigators and prosecutors in Vrancea County, formulate defence strategies with rigour and provide representation before the courts within Vrancea Tribunal or the Focșani District Court, working to protect your rights and obtain the most favourable lawful outcome in response to the allegations.