Establishing an organised criminal group

Legal defence in cases involving formation of an organised criminal group

An organised criminal group (Article 367 of the Criminal Code) is a structured group of at least 3 persons formed for a period of time and coordinated action aimed at one or more offences. Initiating, establishing, joining or supporting it carries one to 5 years’ imprisonment and prohibition of certain rights. If the intended offence carries life imprisonment or imprisonment exceeding 10 years, the penalty is 3–10 years and prohibition of rights. A single intended offence or absence of formal hierarchy does not automatically exclude a group. Prosecution jurisdiction also depends on the intended offences.

Challenging the group’s structure, absence of affectio societatis and defence strategies

We check structure, duration, number of persons and coordination without requiring formal hierarchy or several intended offences. Occasional participation does not automatically amount to an organised group, but a single planned offence does not exclude it.
The lawyer checks the individual role and intended offences, which affect aggravation and jurisdiction. Non-punishment under paragraph (4) and reduction under paragraph (5) have distinct conditions and timing. They are not promised for every report or cooperation but assessed against the proven chronology and contribution.

Urgent legal assistance in Focșani and Vrancea county

Organised criminal group cases may involve searches and applications for preventive measures. These acts and measures have their own statutory conditions, and each person’s contribution must be proved individually. Basuc Cosmin Law Office in Focșani provides urgent legal representation and highly professional defence before specialised territorial investigating bodies. We assist during the critical search stage and at interviews in Vrancea County, challenge the lawfulness of custodial preventive measures before the judge of rights and liberties and provide vigorous representation before Vrancea Tribunal and higher courts, firmly seeking to rebut prosecution evidence and secure respect for your constitutional rights.