Violation of privacy

Legal defence in privacy-violation cases

Violation of privacy (Article 226 of the Criminal Code) concerns unauthorised capture of a person’s images or sounds in protected spaces or of a private conversation: 1–6 months or a fine. Unauthorised disclosure, dissemination, presentation or transmission of the sounds or images under paragraph (1) carries 3 months–2 years or a fine. Disclosure of an intimate image, without consent under paragraph (2¹), is punishable by 6 months–3 years or a fine. Unauthorised placement of technical equipment for the acts under paragraphs (1)/(2) attracts 1–5 years. These forms have distinct requirements and exceptions; a correct defence must identify the precise act alleged and digital medium.

Legal classification and defence strategies

A public location does not, by itself, exclude protection of a private conversation. We analyse what was recorded, the entitlement invoked, participation in the conversation, purpose, consent and any subsequent transmission. The exceptions in Article 226(4), such as a participant’s legitimate interest or contribution to proving an offence, must be checked within the provision’s limits; they do not justify every distribution and do not automatically extend to intimate images. We can check authenticity, context and how evidence was obtained, request expert examination of files and challenge speculative conclusions. The strategy seeks to protect your rights and secure the appropriate classification, without turning ‘it was on the street’ into a universal defence.

Legal assistance and representation in Focșani and Vrancea County

Privacy-violation cases often involve intrusive measures during the criminal investigation, such as computer searches of phones or computers to identify media files, alongside the risk of restrictive preventive measures such as judicial supervision. The office of Lawyer Basuc Cosmin in Focșani offers urgent legal representation and assistance before criminal investigation authorities and prosecutors’ offices attached to courts in Vrancea county. We assist during interviews, examine the legality of digital-evidence extraction and provide a dynamic, reasoned defence before Focșani District Court or the Vrancea Tribunal, protecting your procedural rights, liberty and reputation against disproportionate allegations.