Falsification of a technical recording

Legal defence in cases of falsifying a technical recording

Falsifying a technical recording (Article 324 of the Criminal Code) requires falsification followed by use or entrusting for use to produce a legal consequence; use of the falsified recording is punished separately in paragraph (2). The penalty is 6 months–3 years or a fine. The statutory definition requires automatic certification by an approved technical device intended to prove a fact with legal effect. Not every image, GPS file or camera recording automatically meets that definition. Expert assessment is important, but not the only admissible evidence.

Devices concerned, absence of the mental element and defence strategies

We check approval of the device, intended purpose of the recording and use or entrusting after falsification. The statutory definition is narrower than any digital file. For falsification itself, the subsequent-use requirement in paragraph (1) cannot be omitted.
Expert assessment, original data, device logs and other evidence may clarify the alteration and perpetrator. The lawyer may request preservation of data and technical analysis without asserting that expert assessment alone is admissible. The purpose of producing a legal consequence must also be proved, not merely a technical anomaly.

Urgent legal assistance in Focșani and Vrancea county

Suspicion of tachograph manipulation detected at a traffic check on national roads in the county or a report by an energy supplier concerning a meter’s integrity can rapidly trigger serious criminal investigations, risking substantial fines, cancellation of commercial licences and a criminal record. Basuc Cosmin Law Office in Focșani offers comprehensive and highly confidential legal assistance, ensuring strict protection of your rights before investigating authorities. We provide urgent assistance during police interviews in Vrancea county, formulate clear issues for technical expert assessments to counter official allegations and provide a dynamic defence at trial before Focșani District Court, working firmly to preserve your liberty and professional reputation.