Breaking official seals

Legal defence in cases of breaking official seals

Breaking official seals (Article 260 of the Criminal Code) consists of removing or destroying a lawfully applied seal and is punishable by imprisonment from 3 months to one year or a fine. If the perpetrator is the custodian, the penalty is 6 months to 2 years or a fine. Not every accidental deterioration constitutes this offence, but absence of a purpose to defy authority does not, alone, exclude liability. The legality of sealing and circumstances of the intervention must be analysed from documents and evidence, not presumptions.

Legality of application and defence strategies

The lawyer checks the legality of applying the seal, the perpetrator’s identity and existence of intent. Photographs, reports, recordings and witnesses may demonstrate wear, an accident or another person’s intervention. No specific purpose of defying authority is required, so the defence must be built on the provision’s concrete elements.
Necessity may be invoked only where all requirements of Article 20 are met: immediate danger, inability to avert it otherwise and proportionality of consequences. A declared emergency or preservation of property alone does not confer immunity from criminal liability.

Urgent legal assistance and representation in Focșani and Vrancea county

Accidental breaking of seals applied by ANAF inspectors, judicial enforcement officers or police to doors, warehouses, meters or confiscated goods in Vrancea county can prompt investigating authorities to open a criminal case rapidly. The office of Lawyer Basuc Cosmin in Focșani offers comprehensive legal assistance in managing allegations of breaking official seals throughout Vrancea county. We assist during police interviews and prosecutors’ checks, rebut unfounded allegations based on mere suppositions and provide firm representation at trial before Focșani District Court or Vrancea prosecutors’ offices, acting to protect your rights and liberty.