Negligent failure to perform official duties or negligent improper performance

Legal defence in cases of negligent failure to perform duties or negligent improper performance

Negligent failure to perform duties or negligent improper performance (Article 330 of the Criminal Code) concerns railway-traffic safety in the case of infrastructure employees or railway operators specified by law. If the danger required by the provision is created, the penalty is 3 months–3 years or a fine. If a railway accident occurs, the penalty is one–5 years. The article does not concern forgery of private documents. The defence examines the specific obligation, negligence and connection between the conduct and danger or accident.

Negligence, causes of railway accidents and defence strategies

We analyse the duty to foresee, training, working conditions and actual ability to avoid the danger or accident. Absence of intent does not exclude Article 330, which criminalises negligence. A professional error does not automatically become an offence without the required danger and causal link.
Logs, communications and technical expert assessment can clarify individual responsibilities. The lawyer distinguishes an incident from a railway accident and challenges blanket attribution of liability merely because a person is an employee.

Urgent legal assistance in Focșani and Vrancea county

An allegation of negligence in railway operations must be analysed individually, checking technical rules, responsibilities and the danger created. Basuc Cosmin Law Office in Focșani offers comprehensive and highly confidential legal assistance before criminal investigation authorities in Vrancea county. We provide urgent assistance during police interviews, rigorously analyse the job description and internal working procedures to demonstrate absence of criminal negligence and provide firm representation at trial before Focșani District Court, working professionally to close the case and protect your career.