Offenses against property in Romania

Why should you be assisted by a criminal law specialist lawyer from Romania before law enforcement authorities or in court?

Consulting a criminal law specialist lawyer is essential throughout the criminal trial, especially in cases of offenses against property, considering the severe penalties for this type of crime, which can reach up to 10 years in prison for aggravated theft.

Our Romanian lawyers, with extensive experience in criminal law, have vast expertise in handling offenses against property and can provide the specialized assistance needed to formulate the most effective defense in court, thus contributing to protecting your interests within the complex criminal process.

What are offenses against property in Romania and which ones are included?

Offenses against property are those that protect property rights, safeguarding both ownership and possession or detention of the asset (including precarious detention). For example, in the case of theft, possession in good faith is protected even against the owner.

These offenses are regulated under Title II of the Special Part of the Criminal Code (Articles 228-2561), including theft, robbery, fraud, breach of trust, fraudulent management, and others.

Theft

The crime of theft in Romania is incriminated by Article 228 of the Criminal Code, which states that “taking a movable good from another’s possession or detention, without their consent, with the intention of unjustly appropriating it” is punishable. The act can be committed by any natural or legal person, including the owner of the good. The injured party can be any person (natural or legal) from whose property/possession/detention the good was stolen.

The object of theft can be any tangible movable good, including documents, or any energy with economic value (excluding renewable energies that are not consumed through appropriation, such as solar or wind energy). Moreover, illicit goods such as weapons or drugs can also be the object of this crime. Documents can be the material object of theft not for their patrimonial value (the physical medium itself) but for their probative value or the importance of the text contained.

Furthermore, the damage does not necessarily have to be patrimonial (a document with sentimental value can be stolen); however, in general, the good must have a minimal economic value—related to the good that the perpetrator intended to steal.

This offense is punishable by imprisonment from 6 months to 3 years or by a fine, and attempted theft is punishable. Aggravated forms of theft fall under the offense of aggravated theft (Article 229 of the Criminal Code), which is punishable by imprisonment of up to 10 years. Among the methods of committing aggravated theft are theft committed at night, by home invasion, and theft committed by an armed person.

Robbery

The crime of robbery in Romania is incriminated by Article 233 of the Criminal Code, which states that “theft committed through the use of violence or threats or by rendering the victim unconscious or unable to defend themselves, as well as theft followed by the use of such means to retain the stolen good or to remove traces of the crime or for the perpetrator to secure escape” is punishable.

The act can be committed by any natural or legal person (including the owner), and the injured party can be any person (natural or legal) from whose property/possession/detention the good was stolen.

The execution act has a complex content consisting of theft (as the primary action) and coercion through violence/threat (subsidiary). These two components must be committed under the same circumstances, with the second being committed for the purpose of taking the good or securing escape.

This crime absorbs the offense of assault or other violence, threat, and deprivation of liberty (in the case of rendering the victim unconscious). Additionally, the victim’s unconscious state must have been caused by the perpetrator and not be pre-existing.

Robbery is punishable by imprisonment from 2 to 7 years and the prohibition of certain rights, and attempted robbery is punishable. Aggravated forms of robbery fall under the offense of aggravated robbery (Article 234 of the Criminal Code), which is punishable by imprisonment of up to 12 years and the prohibition of certain rights. Among the methods of committing aggravated robbery are robbery committed at night, by home invasion, and robbery committed by taking advantage of the victim’s apparent vulnerability.

Fraud

The crime of fraud in Romania is incriminated by Article 244 of the Criminal Code, which states that “misleading a person by presenting a false fact as true or a true fact as false, with the intention of obtaining an unjust patrimonial benefit for oneself or another and if a loss has been caused” is punishable.

The act can be committed by any natural or legal person. The material object can be either a movable or immovable good. Fraud in its completed form consists of three stages:

1. Deceiving a person—consists of the perpetrator’s conduct in creating a distorted image of reality in the victim’s consciousness, regardless of the means used (oral, written, etc.). The act cannot be committed through omission; the perpetrator must take active steps (except in professional-consumer relations where there is a legal obligation to disclose information). This deception must refer to past and present realities that can be objectively verified.
2. Deception leading to a self-harmful act by the victim (causing loss)—by handing over a good, renouncing a right, or making an unjustified payment. This act must directly cause the loss and can be performed not only by the victim but also by a representative.
3. An optional stage—the perpetrator’s enrichment. It is sufficient that, as a result of the deception, the victim suffers damage and that the perpetrator acts with the intention of obtaining an unjust patrimonial benefit.

This crime is punishable by imprisonment from 6 months to 3 years, and attempted fraud is punishable (if there was an act of deception but no damage was caused). An aggravating circumstance is provided in paragraph (2): “Fraud committed by using false names or qualities or other fraudulent means,” punishable by imprisonment from 1 to 5 years.

Reconciliation of the parties eliminates criminal liability.

Fraudulent Management

The crime of fraudulent management in Romania is incriminated by Article 242 of the Criminal Code, which states that “causing damage to a person during the administration or preservation of their goods by the one who has or should have the responsibility of managing or preserving those goods” is punishable.