Negligence in office lawyer in Bucharest
Are you investigated for negligence in office after an incident, an audit or a complaint?In these files, the defense is built on your real workload, on the resources available and on the link between the omission and the consequence produced.
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What is your situation right now?
Tell me what actually happened, because in these files the factual details decide the outcome.
An incident occurred and responsibility is being sought
I check what obligations you actually had, what you could genuinely control and whether the consequence can be attributed to you.
An audit found that you did not perform a duty
I analyse the control document and establish whether the omission caused damage or harm, an essential condition of the offense.
You have been summoned as a suspect
We prepare the statement on documents and on the chronology of events, to avoid assuming obligations that were not yours.
What I analyse immediately in the file
- What the concrete duty was and from which legal act it derived.
- Whether the omission was negligent and in what form.
- Whether there is actual damage or harm to a person's rights.
- The causal link between the omission and the consequence produced.
- The resources, staff and time available during the period analysed.
- The responsibility of the other persons in the decision chain.
What documents you should send me
Send me the documents showing what you had to do and what you actually did.
Your official duties
Job description, internal regulation, delegation decisions and applicable operating procedures.
Documents concerning the incident
The complaint, the finding report, internal reports and correspondence from the relevant period.
Evidence about available resources
Staffing charts, workload allocated, requests for additional staff or budget.
What negligence in office is
Negligence in office consists of the negligent breach by a public official of an official duty, by failing to perform it or by performing it defectively, if damage or harm to the rights or legitimate interests of a person is caused. The offense is set out in art. 298 of the Criminal Code.
Unlike other office offenses, intent is not required here, but negligence is. The damaging consequence must nevertheless exist and be proven, not presumed.
The difference from abuse of office
The element separating the two offenses is the form of guilt. In the intentional breach of duties, the official acts intentionally, whereas in negligence the act is committed carelessly.
The distinction has major consequences: the penalty limits are lower, and in many situations an initial abuse charge can be correctly reclassified as negligence where the evidence does not support intent.
When there is no offense
The absence of actual damage or harm means the elements of the offense are not met, however serious the omission may appear from a disciplinary perspective.
Likewise, negligence cannot be retained where the obligation was not yours, where performing it was impossible due to a lack of resources or staff, or where the consequence was caused by another person's conduct. In such situations the matter remains one of disciplinary or administrative liability.
What you risk if the accusation is confirmed
- Imprisonment or a fine, within the limits set by law.
- An obligation to pay the damage caused.
- Disciplinary sanctions applied in parallel by the employer.
- Consequences for your right to hold certain positions.
How I build the defense
- I define exactly which obligations were yours, by reference to legal and internal acts.
- I show the absence of a causal link between the omission and the consequence produced.
- I challenge the existence or extent of the damage, with expert evidence where necessary.
- I argue the objective impossibility of performing the duty, through evidence about available resources.
- I assist you at questioning and at every hearing, before the prosecutor and the court.
Other charges frequently appearing in the same file, such as those concerning incompatibility situations, must be analysed separately, because their conditions are different.
Frequently asked questions
Can negligence be retained without damage?
No. The law requires damage or harm to the rights or legitimate interests of a person.What if I did not have enough staff?
The lack of resources is an important defense element, especially if you requested additional resources in writing.Can an abuse charge be reclassified as negligence?
Yes. Where the evidence does not support intent, the legal classification can be changed to negligence in office.Is a prior complaint required?
No. The criminal investigation is carried out ex officio, and the injured person may join as a civil party.Does a disciplinary sanction rule out a criminal file?
No. The two forms of liability are distinct and can run in parallel.How long does such a file take?
It depends on the complexity of the evidence and the expert reports needed. I can give you a realistic estimate once I see the documents.
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. 298 on negligence in office. (Legislation)
- Criminal Code - art. 308 on the extension of liability. (Legislation)