Disturbing public order and peace

Legal defence in cases of disturbing public order and peace

Disturbing public order and peace (Article 371 of the Criminal Code) currently has different penalties. Threats or serious attacks on dignity committed publicly and disturbing order under paragraph (1) carry 3 months–2 years or a fine. Violence against persons or property under paragraph (2) carries 1–5 years. If the offender in that variant carries a weapon, dangerous object, device, substance or animal, the limits increase by one third. Preliminary Ruling No. 9/2016 confirms that acts may concern one person alone, without eliminating the other statutory elements.

Assessing public character, collective perception and defence strategies

We examine public character and actual disturbance of order, separately from the mere existence of a conflict. An incident against one person may fall within the provision, and absence of a crowd does not automatically exclude the offence. Violence is governed by the current paragraph (2), differently from threats.
A lawyer analyses recordings and witnesses, as well as the dangerous-object aggravation. If the act amounts only to an administrative offence, we argue the lawful distinction; an administrative sanction is not promised as an alternative punishment for the offence in the current Code.

Urgent legal assistance in Romania

A spontaneous verbal dispute in a restaurant, a traffic altercation or disagreement in public can quickly escalate into a criminal case directly affecting your criminal record and reputation. Basuc Cosmin Law Office provides urgent legal assistance and dedicated representation before investigators. We assist throughout interviews conducted by criminal investigators and prosecutors in Romania, carefully analyse eyewitness statements and available video recordings and deliver an active trial defence before competent district courts, working firmly to reject disproportionate allegations and obtain the most favourable lawful outcome.