Murder

Legal defence in murder cases and offences against life

The offence of murder (Article 188 of the Criminal Code) consists of killing a person and is punishable by imprisonment for 10 to 20 years, while its aggravated form, aggravated murder (Article 189 of the Criminal Code) – committed in special circumstances such as premeditation, material gain or against two or more people – attracts severe penalties ranging from 15 to 25 years’ imprisonment or life imprisonment. As these are the most serious acts handled by a criminal defence lawyer, what is at stake is the accused person’s long-term liberty itself. In these cases, allegations rest on highly technical and complex evidence, involving forensic medical examinations (autopsies, post-mortem reports), psychiatric assessments of mental capacity, DNA analysis, fingerprints and technical-scientific findings at the scene, elements that can only be rebutted or placed in context through a defence strategy begun immediately.

Changing the legal classification and self-defence

At trial or during the criminal investigation, a principal objective may be a correct reassessment of the facts. Detailed analysis of the file may require an application to change the legal classification (for example, from murder to bodily injury resulting in death or negligent homicide, or examination of self-defence, provocation or non-attributable excess, each having different requirements and effects). Self-defence may justify the act, while non-attributable excess may exclude attribution; provocation is a mitigating circumstance, not an automatic ground for acquittal. The evidence and requirements of each legal mechanism determine the outcome we can seek.

Urgent legal assistance in Focșani and Vrancea county

If you or a family member face an allegation of such gravity, the office of Lawyer Basuc Cosmin in Focșani provides urgent legal assistance. We handle challenges to preventive measures (pre-trial detention or house arrest), assistance during questioning before prosecutors and comprehensive representation before Vrancea Tribunal or higher courts.