Failure by a public official to report an offence

Legal defence in cases involving failure by a public official to report an offence

Failure to report an offence (Article 267 of the Criminal Code) concerns a public official who learns of a criminal act connected with the service in which they perform their duties and fails to notify criminal investigation authorities immediately. The intentional form is punishable by imprisonment from 3 months to 3 years or a fine; the negligent form by 3 months–1 year or a fine. The obligation is not limited to officials with inspection or detection duties. A lawyer examines the service connection, information actually known and circumstances of the omission.

Official duties and defence strategies

The job description helps establish the service connection but does not limit the obligation to people expressly assigned reporting duties. We examine public official status, information received, document flows and the time needed to report.
Absence of intent does not end the analysis because paragraph (2) also criminalises negligence. Informing a superior is not automatically equivalent to notifying criminal investigators. A lawyer checks whether notification was actually transmitted, any relevant mistake and specific impediments, building the defence according to the variant alleged.

Urgent legal assistance in Focșani and Vrancea county

During financial inspections, internal audits or inspections at Vrancea public institutions, officials can quickly become the subject of criminal cases if investigators consider that they concealed irregularities. The law office of Lawyer Basuc Cosmin in Focșani provides specialist legal assistance to protect your career and freedom against such allegations. We assist during criminal investigation interviews, analyse administrative procedures specific to your position and present rigorous defence arguments before Focșani District Court or Vrancea prosecutors’ offices, providing firm representation to demonstrate the lawfulness of your professional conduct.