Breach of trust

Legal defence in criminal breach-of-trust cases

The offence of criminal breach of trust (Article 238 of the Criminal Code) falls within offences against property through disregard of trust and consists of unlawfully appropriating, disposing of or using another person’s movable property held by the perpetrator under a legal basis (such as a lease, loan for use or deposit agreement), or refusing to return it. The statutory penalties are imprisonment from 3 months to 2 years or a fine. Although the penalty limits are lower, criminal proceedings are initiated upon the injured party’s prior complaint, and the presence of a criminal defence lawyer is essential to prevent a simple civil or commercial dispute from becoming a criminal conviction.

The basis for holding property and defence strategies

Criminal breach-of-trust allegations require meticulous examination of the legal relationship between the parties because the distinction between purely civil contractual non-performance and a criminal act is extremely fine. The defence strategy frequently focuses on demonstrating absence of intent to appropriate unlawfully, seeking to prove that retention of the property was justified by a commercial disagreement or exercise of a legitimate right, such as a right of retention for sums owed by the victim.
Careful analysis of contractual clauses, correspondence (emails, messages) and demands for return is a fundamental pillar of preparing the defence. The aim is to rebut the prosecutor’s presumptions by highlighting the exclusively civil nature of the dispute, showing that the property was not abusively incorporated into the suspect’s assets but that an unforeseen event prevented its return. Since the offence also permits amicable resolution of the conflict, the strategy may focus on negotiating return of the property and withdrawal of the prior complaint, checking the requirements of Article 158: withdrawal takes effect only if endorsed by the prosecutor. Return or negotiation alone does not guarantee closure of the case.

Urgent legal assistance in Focșani and Vrancea county

Disagreements about returning equipment, cars or property left in safekeeping can be abused as pressure tools through criminal complaints that may taint your criminal record. The office of Lawyer Basuc Cosmin in Focșani offers comprehensive legal assistance in managing criminal breach-of-trust allegations in Vrancea county. We provide urgent assistance during police interviews and prosecutors’ checks, represent you in negotiations concerning return and possible lawful withdrawal of the complaint and provide a rigorous defence at trial before Focșani District Court or prosecutors’ offices attached to courts in the county, working to protect your rights.