Counterfeiting official instruments

Legal defence in cases of counterfeiting official instruments

Counterfeiting official instruments (Article 317 of the Criminal Code) includes seals, stamps and marking instruments used by the persons under Article 176 or Article 175(2), punishable by 6 months–3 years or a fine. For other persons’ instruments, paragraph (2) provides for 3 months–one year or a fine. Attempts are punishable. Use of a counterfeit instrument is a separate offence under Article 318, carrying 3 months–3 years or a fine. Mere possession cannot automatically be equated with counterfeiting or use.

Official nature of the instruments, absence of the mental element and defence strategies

We check the instrument’s user, authenticity and act of counterfeiting. The user’s status determines the distinction between paragraphs (1) and (2); protection is not reserved exclusively to public authorities.
The lawyer distinguishes manufacture from use and mere possession. Expert assessment, authentic models and documents bearing the instrument may clarify the allegation. We do not automatically transfer Article 318’s penalty or requirements to Article 317 or treat every copy or theatrical prop stamp as a counterfeit instrument in criminal law.

Urgent legal assistance in Focșani and Vrancea county

Making dies for private companies resembling those of public institutions or using decommissioned or replaced stamps can rapidly escalate into a complex criminal case capable of compromising your professional status and liberty. Basuc Cosmin Law Office in Focșani offers comprehensive and highly confidential legal assistance, ensuring full respect for your rights before investigating authorities. We provide urgent assistance during police interviews in Vrancea county, represent you during collection of objects or searches and provide a rigorous defence at trial before Focșani District Court, firmly seeking the most favourable lawful outcome.