Criminal law and business criminal law

You need specialist legal assistance as soon as there is a suspicion, a summons, a criminal complaint, a notification, a hearing or a measure ordered by the judicial authorities. In practice, many people wait too long before contacting a lawyer, and this can narrow the available lines of defence. A criminal lawyer can help you if: you have been called to the police, the prosecutor's office or the court; you have received a summons in a criminal case; you are a suspect or a defendant in criminal proceedings; you are a witness and are unsure of your obligations or the risks involved; you are an injured party and wish to file a criminal complaint; you have suffered a loss and wish to join the proceedings as a civil party; you are the subject of a search, seizure, judicial supervision or another procedural measure; you need assistance in the event of detention, pre-trial arrest or house arrest; you are involved in a case concerning tax evasion, money laundering, embezzlement, fraud or other economic offences. In criminal law, the details matter. A statement given without preparation, an unclear wording or the absence of a strategy can seriously affect the course of the case.

• Criminal matters we can assist you with
  Criminal law covers a very wide range of acts and situations. We can provide assistance in cases such as: tax evasion; money laundering; delapidare; fraud; abuse of office; negligence in office; forgery of documents; use of forged documents; false statements; computer fraud; illegal access to a computer system; corruption offences; giving bribes; taking bribes; influence peddling; buying influence; setting up an organised criminal group; drug trafficking; drug possession; driving under the influence of alcohol or prohibited substances; driving without a licence; leaving the scene of an accident; negligent bodily harm; manslaughter; assault or other acts of violence; threats; blackmail; harassment; unlawful deprivation of liberty; trespass; violation of privacy; furt; robbery; destruction of property; receiving stolen goods; aiding an offender; perjury; misleading the judicial authorities; failure to comply with court decisions; offences concerning firearms and ammunition; offences concerning road traffic safety; economic and financial offences.
• Representation before the courts
  If the case reaches court, the defence must be built rigorously, on the basis of the evidence, the legal classification of the offence and the client's objectives. We provide representation in: preliminary chamber proceedings; trial on the merits; appeal; challenges; applications concerning preventive measures; applications concerning the enforcement of sentences; appeals against enforcement; applications for rehabilitation.
• Assistance for the injured party and the civil party
  Criminal law does not concern only those accused. If you have been the victim of an offence, you are entitled to file a criminal complaint, to seek that the perpetrator be held liable and to claim compensation for your loss. We can assist you with: drafting and filing the criminal complaint; joining the proceedings as a civil party; quantifying and substantiating the loss; representation before the judicial authorities; filing applications for the taking of evidence; defending your interests throughout the criminal proceedings.
• Assistance during the criminal investigation stage
  The criminal investigation stage is one of the most important phases of criminal proceedings. This is where evidence is gathered, statements are taken, applications are filed and the main direction of the case is set. We can assist you with: preparation for the hearing; legal assistance at the police or prosecutor's office; drafting applications and submissions; challenging procedural measures; reviewing the evidence on file; putting forward defences and requests for the taking of evidence; representation before the criminal investigation authorities.
• Economic offences: tax evasion, money laundering, embezzlement and fraud
  Economic offences are among the most complex criminal cases, as they involve accounting records, contracts, transactions, financial flows, management decisions and legal or tax interpretations. We provide assistance in cases concerning: tax evasion; money laundering; embezzlement; fraud in commercial dealings; fraud involving public or European funds; abuse of office; fraudulent management; forgery of accounting or commercial documents; offences relating to companies; losses caused by unclear economic transactions. In such cases, reviewing the documents from the earliest stages is essential. An effective defence requires a precise understanding of the flow of funds, the role of each person involved, the documents signed and the true intention behind the transactions under scrutiny.
• Tax evasion
  Tax evasion cases usually arise following tax inspections, referrals by the authorities or checks on a company's activity. Such cases may involve invoices, contracts, tax returns, commercial transactions, VAT, corporate income tax or other tax obligations. In a case of this kind, it is important to establish whether a criminal offence has in fact been committed or whether the matter is a tax, accounting or administrative one. We can assist clients by: reviewing tax and accounting documents; preparing the defence before the judicial authorities; working with tax or accounting specialists where necessary; drafting applications and defences; representation during the criminal investigation and before the court; assistance in recovering or reducing the loss attributed to the client.
• Money laundering
  Money laundering allegations are, in most cases, tied to complex financial transactions, transfers between individuals or companies, the justification of the source of certain sums of money, or the link between particular operations and an alleged predicate offence. In such cases, the defence must clarify the origin of the funds, the purpose of the transactions, the economic rationale behind the operations and the role of the accused. We provide assistance with: the analysis of suspect transactions; the preparation of supporting documentation; representation before the criminal prosecution authorities; challenges to precautionary measures; the framing of defences based on the absence of intent; and the protection of the client's patrimonial rights.
• Embezzlement and fraudulent management
  Embezzlement and fraudulent management frequently arise in professional or commercial settings, where a person administers the money, assets or resources of a company, an institution or other persons. Such cases may concern directors, employees, managers, custodians, accountants or persons with control and administration duties. In many instances, a careful review of internal documents, contracts, procedures and the actual responsibilities of each person involved is required. We can act both in defence of the accused and in representing the injured party seeking recovery of the loss suffered.

• Witness
  If you have been summoned as a witness, you are required to appear and to tell the truth. It is important to understand what you may state, what rights you have and in which situations your statement may expose you. A lawyer can prepare you for the interview and help you avoid unclear wording or statements that may be misconstrued.
• Suspect
  The capacity of suspect arises where there are indications that you have committed a criminal offence. From that moment, you have the right to a defence, the right to remain silent and the right to be assisted by a lawyer. It is advisable not to make any statements without first consulting a lawyer.
• Defendant
  The capacity of defendant means that the charge has been formalised. At this stage, the defence must be built rigorously, with an analysis of the evidence, challenges to unclear aspects and the filing of the necessary applications.
• Injured party
  If you have been the victim of an offence, you may take part in the proceedings to assert your rights and to seek that the person at fault be held liable.
• Civil party
  If you have suffered material or non-material loss, you may join the proceedings as a civil party in order to claim damages for the loss caused by the offence.

• Case study 1: Defence in a tax evasion case involving a substantial loss
  Buju, Stanciu & Asociații assisted an entrepreneur and a company in criminal proceedings concerning tax evasion charges, which arose from the way in which certain commercial and tax operations carried out over several years had been interpreted. The stakes were high, with the estimated loss standing at approximately EUR 2 million, and with a direct impact on the company's business, on its management and on the professional reputation of the individuals involved. The BSA team built an integrated defence, combining legal and tax analysis, starting from the accounting records, the commercial flows, the economic substance of the transactions and the context in which the business decisions had been taken. A central element of the strategy was to draw a clear distinction between possible tax non-compliance and criminal conduct. The mandate was aimed at limiting criminal exposure, clarifying the tax position and safeguarding the continuity of the business. In cases of this kind, the approach must be swift, thoroughly documented and built on a concrete understanding of the commercial mechanisms under scrutiny by the judicial authorities.
• Case study 2: Assistance in an embezzlement and fraudulent management case within a company
  Buju, Stanciu & Asociații provided assistance in a case concerning suspected embezzlement and unauthorised use of a company's resources, with an estimated financial exposure of approximately RON 20 million. The case required a detailed review of internal financial flows, management records, the duties of the persons involved and the way in which business decisions were reflected at operational and accounting level. The complexity of the matter arose from the need to draw the line between questionable commercial decisions, possible managerial shortcomings, negligence in the administration of resources and situations capable of attracting criminal liability. In such cases, the mere existence of a financial loss is not enough to conclude automatically that an offence has been committed, which is why the analysis of the evidence is essential. BSA's mandate included preparing the litigation strategy, reviewing the evidence, formulating the legal position and coordinating the criminal law arguments with the economic aspects of the case. Depending on the client's position in the file, the assistance was directed either at building a solid defence or at protecting the interests of the injured party. The main objective was to reduce criminal, financial and reputational exposure and to protect the client's interests throughout the proceedings.