False statements

Legal defence in false declaration cases

The offence of false declaration (Article 326 of the Criminal Code) is an offence against public trust consisting of making an untrue declaration before a public official or the institution where they work. For the offence’s statutory elements to be met, the act must aim to produce a legal consequence for oneself or another, and the declaration must, under the law or circumstances, be capable of producing that consequence. The basic form carries 6 months to 2 years’ imprisonment or a fine, while an exceptionally serious aggravated form carries one to 5 years or a fine where the falsehood conceals a risk of infection with an infectious disease. Involving a criminal defence lawyer is essential because a simple omission or drafting error does not automatically amount to an offence; the relationship between the declaration and its direct legal effect requires rigorous analysis.

Legal force of the declaration, absence of the mental element and defence strategies

The central foundation in handling this offence is analysing how its constituent elements arise, since investigating bodies initiate criminal proceedings ex officio. A highly effective initial defence examines the mandatory nature and legal value of the declaration. If the law or specific context did not require that declaration to produce the alleged legal consequence, the criminal elements are not met, and it is at most an administrative breach or a statement without criminal significance.
Another essential strategy demonstrates absence of direct intent by showing that the suspect acted under a mistake of fact, believing in good faith that the information declared was correct and reflected reality when the document was completed. For the aggravated form involving concealment of an epidemiological risk, the defence may rebut accusations by proving that the person objectively did not know of the infection or actual risk when completing official forms, seeking discontinuance during the investigation or acquittal at trial.

Urgent legal assistance in Focșani and Vrancea county

Incorrectly completing a declaration on one’s own responsibility at the town hall, omitting information when registering a vehicle or declaring a different residential address to the police can quickly generate unexpected criminal proceedings affecting your criminal record and social standing. Basuc Cosmin Law Office in Focșani provides comprehensive, highly confidential legal assistance, ensuring full protection of your rights throughout criminal proceedings. We urgently assist at police and prosecutor interviews in Vrancea County, help you formulate accurate, coherent statements during the investigation and provide firm trial representation before Focșani District Court, professionally seeking to establish your good faith and obtain the best possible legal outcome.