Incest

Legal defence in incest cases

Incest (Article 377 of the Criminal Code) carries one to 5 years’ imprisonment and concerns consensual acts between direct-line relatives or siblings. The current provision includes sexual intercourse and the oral, anal and other vaginal or anal penetration acts under paragraph (2). HP No. 52/2021 permits examination of biological kinship in criminal proceedings under the conditions it resolves, without limiting the analysis to formal civil status. For children or coercion, Articles 218¹ and 219¹ and other applicable offences must be examined separately; Article 220 has been repealed.

Challenging the biological relationship, analysing consent and defence strategies

We check kinship, the act and consent, including genetic evidence where necessary. HP No. 52/2021 must be applied within the scope of its ruling, without assuming a civil-status document alone proves or excludes criminally relevant kinship.
For a child or coercion, we analyse age, the family relationship and Article 218¹ or 219¹, not former Article 220. The lawyer requests appropriate evidence and privacy protection, challenging unproved accusations without minimising the injured party’s rights.

Urgent legal assistance in Romania

Incest accusations involve enormous psychological and social pressure, often based on defamatory reports arising from property disputes, contentious divorces or serious family disagreements. Basuc Cosmin Law Office provides urgent legal assistance characterised by professionalism, full confidentiality and particular tact. We assist during sensitive interviews conducted by criminal investigation bodies and prosecutors in Romania, assist with ordering and conducting DNA examinations and formulate an active, robust defence before competent district courts, acting firmly to rebut unfounded accusations and protect your dignity and liberty.