Using the services of an exploited person

Legal defence in cases of using an exploited person’s services

Using the services of an exploited person (Article 216 of the Criminal Code) involves using services under Article 182 provided by a person whom the beneficiary knows to be a victim of human or child trafficking. The penalty is 6 months–3 years or a fine, unless the act constitutes a more serious offence. Not every victim of another form of exploitation automatically falls within Article 216, and there is no generic aggravating circumstance here for a child’s sexual services; other offences may apply. A lawyer can examine both the service used and the evidence of knowledge of the victim’s situation.

The mental element and defence strategies

The mental element is central: mere inattention or suspicion does not replace the knowledge required by Article 216. However, the law does not require direct evidence alone; knowledge may also be established through circumstances and indirect evidence assessed together. We analyse messages, service conditions, payments, statements and the concrete indications available to the beneficiary. A contract or apparent acceptance of the service does not alone resolve the issue. We can contest speculative inferences, request defence evidence and seek discontinuance or acquittal if the allegation does not meet the statutory elements.

Legal assistance and representation in Romania

Allegations in this area generally arise on a subsidiary basis during large-scale investigations by specialised structures against trafficking networks. This creates a risk that good-faith individuals will be unjustly drawn into criminal cases and publicly exposed, seriously harming their social or business reputation.
The Law Office of Lawyer Basuc Cosmin provides prompt legal assistance and representation before criminal investigators and prosecutors’ offices in Romania. We assist during interviews, critically analyse prosecution evidence to eliminate speculative interpretations and provide an active defence before competent district courts or the competent tribunals, seeking to rebut unfounded allegations and obtain discontinuance or acquittal.