Fraudulent management

Legal defence in fraudulent management cases

Fraudulent management (Article 242 of the Criminal Code) concerns causing loss while administering or preserving property by a person responsible for its care. The basic form carries 6 months–3 years or a fine. For an insolvency administrator, liquidator, their representative or agent, paragraph (2) provides for 1–5 years. If the acts aim to obtain a financial benefit, paragraph (3) provides for 2–7 years. A prior complaint is required for the offence, not only its basic form. Analysis of the mandate, decisions and loss is essential to distinguish criminal management from an unprofitable business decision.

Management obligations and defence strategies

We examine actual management obligations, conduct, its connection to loss and culpability. The purpose of obtaining financial benefit is required for paragraph (3) and must not be imported into every form. Contracts, approvals, audits and financial flows can clarify whether the outcome reflects business risk or criminal conduct. We can request expert assessment and challenge conclusions automatically inferring intent from losses. For every form under Article 242, we check the prior complaint and possible withdrawal under Article 158 with the prosecutor’s acceptance. Mediation and compensation do not alone guarantee discontinuance but may form part of a reasoned legal strategy.

Legal assistance and representation in Focșani and Vrancea County

Adverse statutory auditors’ reports, internal audits or disagreements between company members may be used to support criminal complaints that seriously affect your management career and freedom. The law office of Lawyer Basuc Cosmin in Focșani provides comprehensive legal assistance in handling fraudulent management allegations in Vrancea County. We assist during economic police interviews and prosecutorial investigations, present sound challenges to financial expert assessments and provide rigorous representation before Focșani District Court or prosecutors’ offices attached to Vrancea courts, working to protect your rights and professional reputation.