Breach of trust through creditor fraud

Legal defence in cases involving breach of trust through creditor fraud

Breach of trust through creditor fraud (Article 239 of the Criminal Code) concerns disposing of, concealing, damaging or destroying assets or valuables, and invoking fictitious acts or debts, to defraud creditors. Imminent enforcement is not required. Paragraph (2) concerns acquiring goods or services knowing that payment is impossible, where the creditor suffers loss, without requiring a formal finding of insolvency alone. The penalty is 6 months–3 years or a fine, and proceedings require a prior complaint. Documents and the financial chronology are essential to distinguish commercial risk from fraud.

Disposal of assets and defence strategies

We analyse the purpose of asset disposals and information available at acquisition. Absence of imminent enforcement does not exclude paragraph (1), and subsequent non-payment does not alone prove knowledge of inability to pay under paragraph (2). Contracts, cash flows, payments and communications can support good faith or clarify the specific conduct. We can request accounting assessments and contest assumptions equating business failure with crime. Instalment arrangements and compensation can help, but withdrawal of the complaint is effective only if Article 158’s conditions are met, including the prosecutor’s acceptance. We seek the lawful outcome appropriate to the evidence, without promising closure through a simple payment.

Legal assistance and representation in Focșani and Vrancea County

Financial difficulties or commercial disputes with suppliers can be abusively used as leverage through criminal complaints intended to force payments, endangering your freedom and the company’s assets. The law office of Lawyer Basuc Cosmin in Focșani provides specialist legal assistance in breach of trust through creditor fraud cases throughout Vrancea County. We assist during interviews before criminal investigators and detailed prosecutorial inquiries, represent you in debt-settlement negotiations and build a sound trial defence before Focșani District Court or prosecutors’ offices attached to Vrancea courts, protecting your rights and professional future.