Preventing assistance

Legal defence in cases of obstructing rescue assistance

Preventing assistance (Article 204 of the Criminal Code) concerns obstructing intervention to save a person from an imminent and serious danger to life, physical integrity or health. The penalty is 1–3 years’ imprisonment or a fine. The article contains no special aggravating circumstance for medical or Ministry of Internal Affairs personnel. The specific conduct, existence of danger and connection to obstructing intervention are relevant. Prompt analysis of recordings, statements and the chronology can avoid building a defence on an incorrect classification.

Constituent elements and defence strategies

For this offence to be established, the prosecution must prove deliberate action blocking or obstructing a rescuer, such as hiding car keys, physically blocking access or cutting communication lines, with the culpability required by law; a separate specific purpose is not required and indirect intent is not automatically excluded. The defence strategy focuses on detailed analysis of the conflict or incident. Defence counsel will seek to show either that the defendant was unaware of the victim’s imminent danger, or that the acts resulted from confusion, panic or lawful self-defence, matters that may remove the criminal character of the act and lead to discontinuance.

Urgent legal assistance in Focșani and Vrancea county

An allegation of obstructing rescue assistance can often arise unjustly in group altercations, tense road accidents or workplace misunderstandings. The law office of Lawyer Basuc Cosmin in Focșani provides comprehensive specialist legal support from the first statements to criminal investigators. We ensure that witness statements and video evidence are interpreted objectively, challenge prosecutorial speculation and provide firm representation before Focșani District Court or other courts in Vrancea County to fully protect your freedom.