Assault or bodily injury resulting in death

Legal defence in cases of assault or bodily injury resulting in death

The offence of assault or bodily injury resulting in death (Article 195 of the Criminal Code), known in Romanian legal practice as L.V.C.M., is an extremely serious act in which the perpetrator’s initial intention was only to strike or injure the victim, but the final result, caused negligently (unintentionally), was the victim’s death. Criminal law severely punishes this complex offence, providing for 6 to 12 years’ imprisonment. Given the enormous stakes for the accused person’s liberty, assistance from a criminal defence lawyer from the first interviews is particularly important. Mandatory-assistance cases are those in Article 90 of the Code of Criminal Procedure; assistance is not universally mandatory simply because an investigation has begun.

Distinguishing the offence from murder and defence strategies

Distinguishing the offence from murder requires establishing the mental attitude towards death: Article 195 involves an outcome exceeding intent, meaning intentional violence with a more serious result caused negligently. Murder does not require death to have been desired or foreseen as certain; foreseeing and accepting its possibility is also sufficient. We analyse the area struck, means used, intensity and sequence of blows, subsequent conduct and forensic medical reports. A victim’s medical conditions or a fall do not automatically break the causal link. We may request supplementary expert assessment, correct classification and, if supported by evidence, examination of self-defence, non-attributable excess or provocation, without confusing their effects.

Urgent legal assistance in Focșani and Vrancea county

Given the social impact and gravity of the allegations, there may be a risk of a proposal for pre-trial detention; however, the measure requires verification of the statutory conditions and a reasoned judgment and does not arise automatically from the accusation. The office of Lawyer Basuc Cosmin in Focșani offers prompt and urgent legal intervention, ensuring attendance at initial prosecutor’s interviews and presenting strong arguments before the judge of rights and freedoms to obtain a less restrictive preventive measure. We undertake rigorous representation of your interests throughout the criminal investigation and at trial before Vrancea Tribunal, ensuring that the investigation proceeds with full respect for all your procedural safeguards.