Fraud and deception lawyer in Bucharest
Are you accused of deception, or have you lost money through fraud?The line between a breach of contract and the offense of deception is drawn on the evidence in the file, and that evidence takes shape from the very first investigative acts.
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What situation are you in right now?
Identify the concrete situation, because the defense differs by stage and by type of accusation.
You are accused of misleading a person
The accusation usually rests on the injured party's statements and on the documents exchanged. What you communicated, when and on what information matters.
A contract or a business deal ended up under criminal investigation
I reconstruct the timeline of the deal, to show whether non-performance had objective causes or whether the prosecution claims an intention that existed from the start.
You received money or an advance and a criminal complaint was filed
I analyse where the sums went, the evidence of partial performance and the correspondence between the parties, elements that can change the classification of the file.
You are investigated in a file with large damage or several injured parties
These files usually involve precautionary measures and related charges. The defense must be organised for each set of facts, not globally.
What I review in a deception file
- Whether the conditions of the offense are met, in particular the misleading conduct and the loss.
- The moment when the intention to mislead is said to have arisen.
- The documents of the deal: contracts, invoices, proof of payment, correspondence.
- Partial performance or the steps taken to fulfil the obligations.
- How the damage was calculated and the civil claims filed.
- The precautionary measures ordered over accounts or assets.
What documents you should send me
Tell me briefly what happened, what sums are involved and at what stage the file is.
If you have them, send me:
- the contract or written agreement;
- the invoices and proof of payment;
- the correspondence with the other party;
- the criminal complaint or the order you received;
- the summons.
What the offense of deception is
Deception means misleading a person by presenting a false fact as true or a true fact as false, in order to obtain an unjust patrimonial benefit, where a loss has been caused.
The offense is aggravated where it is committed by using false names or capacities or other fraudulent means. It is one of the most frequent accusations in financial crime files.
What must be proven for the offense to exist
The misleading conduct
There must be proof of deceptive conduct, through untrue statements, concealment of essential information or the use of false documents or capacities.
The purpose of obtaining an unjust patrimonial benefit
An economic advantage is not enough. It must be proven that the benefit sought was unjust and that this was the purpose of the conduct.
The existence of a loss
The loss must be real and proven by documents, not merely asserted by the injured party.
The link between the misleading conduct and the loss
The loss must be the consequence of the deception. If the damage has another cause, such as an assumed commercial risk, the accusation loses its basis.
When failing to perform a contract becomes deception
Non-performance of a contract is not automatically an offense
Failure to perform or late performance triggers, in principle, civil liability. A commercial dispute does not turn into a criminal file merely because one party suffered a loss.
What matters in establishing the intention at the moment the deal was concluded
What matters is whether the activity was real, whether the necessary resources existed, what information was presented to the partner, how the sums received were used and what steps were taken towards performance.
The most frequent situations in deception files
Contracts and commercial transactions
Undelivered goods, unperformed services or payments redirected to destinations other than those agreed.
Advances and sales
Advances collected for goods never delivered, or sales of assets whose legal situation differed from the one presented to the buyer.
Investments and promises of profit
Investment schemes with promised returns, where the question is whether the economic activity invoked ever existed.
Use of untrue documents or information
Documents, capacities or financial data presented to gain the partner's trust. A forgery charge may also arise in these cases.
The difference between deception and computer fraud
In deception, the benefit is obtained by misleading a person. The injured party acts personally, but on a false picture of reality.
In computer fraud, the result is obtained by interfering with data or with the functioning of a computer system, without any person being misled. The distinction has been analysed explicitly in the case law of the High Court.
Recovering the damage, returning the money and settlement between the parties
Returning the sums does not automatically remove criminal liability, but it can influence the outcome and the sentence. For some forms of deception, settlement between the parties has effects expressly provided by law.
I analyse whether settlement is possible in your file, which procedural moment is useful and how it must be documented so that it produces the intended legal effect.
Asset freezing and recovery of the damage in a deception file
The injured party can join the proceedings as civil party and can request precautionary measures over accounts or assets, to protect the chances of recovery.
On the defense side, I check the proportionality of the measure and the evidence of the claimed damage, and I file a challenge where the freezing exceeds the justified claims.
How I build the defense in a deception file
- I reconstruct the timeline of the deal on documents and payments.
- I argue the civil or commercial nature of the dispute where the evidence allows it.
- I contest the existence of intention at the moment the agreement was concluded.
- I analyse the real amount of the damage and the civil claims.
- I prepare you for questioning and assist you at every hearing.
Frequently asked questions
Can an unpaid debt amount to deception?
Not in itself. An unpaid debt is in principle a civil matter. It becomes criminally relevant only if misleading conduct and the purpose of an unjust patrimonial benefit are proven.Is failing to perform a contract an offense?
Not automatically. It must be proven that the intention not to perform existed when the contract was concluded and that the partner was misled by untrue statements or documents.What happens if the damage is repaid?
Repayment does not automatically close the file, but it can influence the prosecutor's decision and the sentence. For some forms, settlement between the parties has effects expressly provided by law.Can the victim withdraw the complaint?
The effects depend on the legal classification retained. In certain cases settlement removes criminal liability, while in others the file continues ex officio.What is the difference between deception and computer fraud?
In deception a person is misled and acts on a false picture of reality. In computer fraud the patrimonial result is obtained by interfering with data or with the functioning of a computer system.Can accounts and assets be frozen?
Yes, through precautionary measures ordered to secure recovery of the damage. The measure can be challenged, especially where it is disproportionate to the amount claimed.Can a company be criminally liable?
Yes. A legal entity can be criminally liable where the offense was committed in carrying out its activity or in its interest, alongside the liability of the individuals involved.
Contact | Free initial assessment
Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.
Official resources
- Criminal Code - art. 244 on deception. (Legislation)
- Criminal Code - art. 245 on insurance fraud. (Legislation)