Unlawfully obtaining funds

Legal defence in cases of unlawfully obtaining funds

Unlawfully obtaining funds (Article 306 of the Criminal Code) concerns false, inaccurate or incomplete documents or data used for approvals or guarantees necessary for financing obtained or guaranteed from public funds, resulting in funds being obtained without entitlement. The penalty is 2–7 years, without an expressly mandatory additional disqualification under this article; attempts are punishable. Fraud affecting the European Union budget has the separate regime of Article 18¹ of Law No. 78/2000. A lawyer identifies the financing, documents and timing of the alleged fraud before choosing the defence.

Funding documentation, absent mental elements and defence strategies

We identify the source of funds, documents used for approval or guarantees and their contribution to obtaining financing. Subsequent implementation irregularities do not automatically constitute unlawfully obtaining funds. For EU funds, we examine special legislation and applicable jurisdiction.
A lawyer analyses the application, annexes, correspondence and financial audit. A genuine error must be distinguished from intentional presentation of false data. Administrative review, recovery of financing and criminal liability have distinct conditions and cannot be equated merely because a financial correction exists.

Urgent legal assistance in Romania

Subsequent checks of European projects or suspension of payments by managing authorities can quickly escalate into a complex criminal case that blocks economic activity and jeopardises your freedom. Basuc Cosmin Law Office provides comprehensive, confidential legal assistance whether you are a suspect or defendant or represent a legal entity under investigation. We assist during interviews before criminal investigators in Romania, represent you during home searches or seizure of documents and provide a rigorous trial defence before competent tribunals or higher courts, working firmly to protect your rights.