Service offenses and corruption in Romania

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

Consulting a criminal lawyer in Romania is essential throughout the criminal process, especially in cases of service-related offenses and corruption, given the severe penalties for such crimes.

Our Romania lawyers, with extensive experience in criminal law, have vast expertise in handling service-related and corruption offenses and can provide the specialized assistance needed in court, thus contributing to protecting your interests throughout the criminal process.

What are service-related and corruption offenses in Romania?

Among the most common corruption and service-related offenses are bribery, offering bribes, abusive conduct, and abuse of office.

Service-related and corruption offenses are exhaustively listed in Title V of the Criminal Code – Special Part (Articles 289 – 309) and can lead to penalties of up to 15 years in prison.

Therefore, if you are a suspect or defendant in a case involving a corruption or service-related offense, it is crucial to benefit from specialized and competent legal defense.

The Blaj Law team consists of criminal law specialists in Romania, particularly in service-related and corruption offenses, and can represent and assist you whether you are a suspect, defendant, victim, civil party, responsible civil party, or witness. In any situation, we can ensure an effective criminal defense before law enforcement authorities and represent you in court.

Bribery in Romania

The offense of bribery in Romania is incriminated by Article 289 of the Criminal Code, which states: “The act of a public official who, directly or indirectly, for themselves or for another, demands or receives money or other undue benefits, or accepts the promise of such benefits, in connection with fulfilling, failing to fulfill, expediting, or delaying the fulfillment of an act within their official duties or in relation to performing an act contrary to these duties.”

The active subject is specific, meaning this offense can be committed by:

• Public officials (Article 175, paragraph 1)
• Equivalent officials (Article 175, paragraph 2) – only when the act is committed in connection with failing to fulfill, delaying the fulfillment of a legal duty, or performing an act contrary to these duties.
• Arbitration court members or foreign officials (Articles 293 and 294)
• Private officials (Article 308)

The special status must exist throughout the execution of the crime (demanding – accepting the promise – receiving). However, the offense is still valid if part of the execution acts were committed while the perpetrator was in office, and others were after retirement/resignation. This offense cannot be committed in co-authorship (each individual violates their own obligation of honesty).

The object of the crime includes either money or other undue benefits (such as services, trips, goods, promotions—anything with monetary value). It is essential that the execution act is related to the performance of the official’s duties (whether before, during, or after carrying them out).

This offense is punishable by imprisonment from 3 to 10 years and prohibition from holding a public office or exercising the profession or activity in which the crime was committed. Money or any other received goods are subject to confiscation, and if they are no longer available, an equivalent confiscation is ordered.

Offering a Bribe in Romania

The offense of offering a bribe in Romania is incriminated by Article 290 of the Criminal Code, which states: “The promise, offer, or giving of money or other benefits under the conditions specified in Article 289.”

The protected social value is the honesty of the public official.

This offense can be committed by both individuals and legal entities (co-authorship is allowed in this case). When a legal entity commits the offense, both the representative who offers the bribe and the legal entity itself are held liable.

The execution act consists of the promise, offer, or giving of a bribe, and it does not matter whether the public official accepts or rejects the offer, as the crime is committed once the offer is communicated. There is no bribery offense if the offer was made under coercion.

Offering a bribe is punishable by imprisonment from 2 to 7 years. The briber is not punished if they report the act before the authorities have been notified. Money, valuables, or other goods given are returned to the person who gave them if they acted under coercion or after self-reporting; otherwise, they are confiscated or an equivalent confiscation is ordered.

Abuse in power in Romania

The offense of abuse in power in Romania is incriminated by Article 297 of the Criminal Code, which states: “The act of a public official who, in exercising their duties, fails to perform an act required by law […] or performs it in violation of a provision within such a normative act, thereby causing damage or harming the rights or legitimate interests of a natural or legal person.”

The offense also covers the act of a public official who “restricts a person’s right or creates a situation of inferiority based on race, nationality, ethnic origin, language, religion, sex, sexual orientation, political affiliation, wealth, age, disability, chronic non-communicable disease, or HIV/AIDS infection.”

This offense is punishable by imprisonment from 2 to 7 years and prohibition from holding a public office. If the offense is committed by a person listed under Article 308, the penalty limits are reduced by one-third.

One of our team’s Romanian criminal lawyers, with expertise in service-related and corruption offenses, is ready to represent and assist you throughout the entire criminal process. They can provide support both in dealings with investigative authorities during the prosecution phase and in court.