Abusive investigation

Legal defence in abusive investigation cases

Abusive investigation (Article 280 of the Criminal Code) concerns promises, threats or violence used by a criminal investigator, prosecutor or judge to make a person under investigation or on trial give or withhold statements, lie or retract statements. The penalty is imprisonment from 2 to 7 years and disqualification from holding public office. The same sanction applies to producing, falsifying or fabricating false evidence by those persons. Accusing someone known to be innocent is governed separately by Article 283.

Evidence and defence strategies for accused persons

We analyse interview records, recordings, medical documents and allegedly fabricated evidence. The conduct required by Article 280 and the offender’s capacity must be proved; an unfavourable procedural decision or firm questioning does not alone constitute abusive investigation.
A lawyer may request preservation of recordings, examination of injuries and review of the evidence’s lawfulness. The defence contests unproved allegations and, for victims, seeks to document abuse and use the appropriate procedural avenues. We do not confuse pressure during questioning with wrongful prosecution or disloyal legal assistance.

Urgent legal assistance in Romania

Cases concerning abuses by judicial authorities are particularly complex, requiring in-depth knowledge of criminal procedure and local judicial practice. The law office of Lawyer Basuc Cosmin provides specialist legal assistance both to those who consider themselves victims of abuse and to officials facing such allegations in investigations by the competent prosecutors’ offices. We provide legal representation, rigorously examine the lawfulness of procedural acts and deliver a firm defence before competent tribunals or the competent district courts, working to protect your rights and establish the truth in the proceedings.