Fraud

Legal defence in fraud cases

The offence of fraud (Article 244 of the Criminal Code) is a property offence involving a breach of trust and consists of deceiving a person by presenting a false fact as true or a true fact as false, to obtain an unjust financial benefit for oneself or another, where loss results. Penalties are strict: the basic form carries imprisonment from 6 months to 3 years, while use of false names or capacities or other fraudulent means increases the range to 1–5 years. Given the complexity of documentary evidence and conflicting statements, the presence of a criminal defence lawyer is crucial from notification of the case.

The mechanism of deception and defence strategies

The defence distinguishes deception existing at the time of the interaction from mere subsequent failure to perform an obligation. We examine statements, means used, the purpose of unjust benefit and the connection to loss through contracts, messages and financial records. The victim’s lack of diligence does not alone exclude fraud. Article 244 permits reconciliation, but it must meet Article 159’s conditions and the statutory deadline, generally before the document referring the case to court is read, subject to exceptions recognised by law and binding case law. Compensation or a civil agreement does not automatically constitute reconciliation. A lawyer can manage negotiations, check effects and support the appropriate outcome, including discontinuance or acquittal if the elements of the allegation are absent.

Legal assistance and representation in Focșani and Vrancea County

Failed commercial transactions, online platforms or unfulfilled business promises may readily be reported by dissatisfied partners as fraud, exposing you to searches or police custody. The law office of Lawyer Basuc Cosmin in Focșani provides comprehensive legal assistance in handling fraud allegations in Vrancea County. We provide prompt assistance during economic police interviews and prosecutorial inquiries, assist when objects and documents are seized and build a sound trial defence before Focșani District Court or prosecutors’ offices attached to Vrancea courts, working to protect your freedom and good name.