Removal of seized property

Legal defence in cases involving removal of seized property

Removal of lawfully seized property (Article 261 of the Criminal Code) is punishable by imprisonment from 3 months to 1 year or a fine. If committed by the custodian, the penalty is 6 months–2 years or a fine. A sale, relocation or other transaction must be analysed to determine whether it actually removed the asset from the measure’s reach. Legal assistance is important to examine the seizure instrument, appointment of the custodian and knowledge of restrictions; it is not mandatory in every case solely because of this allegation.

Validity of the measure and defence strategies

We analyse the seizure’s lawfulness, identification of the asset, custody instrument and how the property was removed from the measure’s reach. Moving it for preservation must be examined specifically: this is automatically neither an offence nor a justification. Intent and knowledge of seizure are established from all the evidence.
Absence of formal notification may be relevant but does not prove lack of knowledge if other evidence shows awareness. Loss through disaster or third-party intervention is analysed separately. We challenge unlawful measures and seek the outcome permitted by the evidence, without promising discontinuance solely because of a notification defect.

Urgent legal assistance and representation in Romania

Accidentally selling a restrained car, moving equipment seized by ANAF, bailiffs or criminal investigators, or using property held in custody in Vrancea County can immediately trigger a criminal case and serious investigations. The law office of Lawyer Basuc Cosmin provides comprehensive legal assistance in handling removal of seized property allegations throughout Romania. We assist professionally during economic police interviews and prosecutorial inquiries, present sound challenges to unlawful protective measures and deliver an active trial defence before competent district courts or the competent prosecutors’ offices, working to protect your rights and freedom.