Computer-related forgery

Legal defence in computer forgery cases

The offence of computer forgery (Article 325 of the Criminal Code) is a particularly serious cybercrime involving unauthorised input, alteration or deletion of computer data, or unauthorised restriction of access, resulting in false data with the purpose of producing a legal consequence. The penalty is imprisonment from 1 to 5 years, reflecting the significant social danger of distorting reality digitally. Early legal assistance is recommended to assess digital evidence and the investigation’s lawfulness; mandatory assistance is determined under Article 90 of the Code of Criminal Procedure. Investigative jurisdiction is assessed separately, not merely from the offence’s name.

Digital identity, binding judgments and defence strategies

Through Preliminary Ruling No. 4/2021, the High Court clarified the requirements of unauthorised input and false data for a profile created without consent using another person’s real identity. The judgment does not remove the need to prove the purpose of producing a legal consequence required by Article 325. A false profile does not automatically establish every element of the offence.
A lawyer examines purpose, technical attribution and the data actually entered. Logs, devices and messages must be correlated; an IP address or shared network does not alone identify the offender. We request checks and challenge insufficient evidence without presenting mere hypotheses of third-party access as proof of innocence.

Urgent legal assistance in Focșani and Vrancea county

Changing data on an e-learning platform, creating a false online profile during a personal conflict or accessing a company’s database without authorisation can instantly trigger a cybercrime case, seizure of phones and laptops and the risk of custodial preventive measures. Basuc Cosmin Law Office in Focșani provides comprehensive, specialist and highly confidential legal assistance before all judicial structures in Vrancea County. We urgently represent you during computer searches to ensure investigators stay within the warrant’s limits and do not access protected data, raise sound technical objections and provide an active trial defence before Vrancea Tribunal, working firmly to demonstrate your innocence and preserve your digital reputation.