Criminal Law

In criminal law, defence strategy begins before trial.

A criminal case develops over time. Statements given at the early stages, documents seized, digital data analysed, expert examinations, preventive or precautionary measures, and the manner in which the initial defence arguments are formulated can decisively influence the course of the case. SĂVESCU & ASOCIAȚII is a litigation firm. In criminal matters, we focus the defence on the facts, the evidence and the rules governing the proceedings. We analyse the case from the perspective of the desired outcome and develop the legal strategy from the investigation stage onwards.

We assist and represent individuals and legal entities in complex criminal cases before criminal investigation authorities and the courts.

Business criminal law. Economic activity may give rise not only to commercial, tax or administrative disputes, but also to criminal investigations. We handle cases involving alleged offences committed in connection with company management, commercial relationships, taxation, the use of funds, procurement, financial transactions or the exercise of management functions. We pay particular attention to distinguishing between commercial risk, contractual or tax breaches, and criminal liability. Not every loss, irregularity or failure to perform an obligation constitutes a criminal offence. We analyse the economic mechanism of the transaction, the documents, financial flows, the decisions of the persons involved and the evidence gathered in order to determine whether the elements of criminal liability are established.

Criminal investigations. The early stages of an investigation are often the most important. We assist clients in their dealings with prosecutors’ offices and criminal investigation authorities, including in cases handled by the DNA and DIICOT. We provide assistance in relation to:
– interviews of suspects and defendants
– interviews of injured parties and witnesses
– searches of premises and computer systems
– seizure of documents and devices
– expert examinations and technical and scientific assessments
– preventive measures
– seizures and other precautionary measures
– the gathering and challenging of evidence
– the filing of applications, complaints and challenges during the criminal investigation.
In a complex case, we do not treat individual investigative acts in isolation. We continuously assess how each statement, document or item of evidence may subsequently affect proceedings before the preliminary chamber and at trial.

Criminal litigation. We represent clients at every stage of criminal proceedings: the criminal investigation, the preliminary chamber, trial at first instance and appeals. We build the defence on a comprehensive analysis of the case file. We identify the facts that must be established, the burden of proof, any inconsistencies between the evidence, the lawfulness of the manner in which it was obtained and the legal consequences of each procedural scenario. Where necessary, we challenge the lawfulness of investigative acts, the gathering of evidence, preventive or precautionary measures and other measures affecting the client’s rights and interests. Criminal defence requires procedural strategy, not merely attendance at hearings.

Evidence in criminal proceedings. A criminal case is won or lost on the evidence. Accounting and commercial documents, electronic correspondence, recordings, digital data, expert reports, statements and financial flows must be analysed not only individually, but also in relation to one another. In complex cases, we reconstruct the chronology of events and examine whether the interpretation advanced by the prosecution is genuinely supported by the evidential material. We consider both what is present in the case file and what is absent from it. A legal conclusion is robust only to the extent that it can be supported by evidence.

Economic and tax offences. We handle cases involving allegations of tax evasion, fraud, embezzlement, fraudulent management, forgery, corporate offences and other offences associated with economic activity. Such cases often involve the examination of substantial volumes of documents, accounting transactions and contractual relationships. Where the nature of the case requires it, we work with technical and financial specialists and incorporate the conclusions of expert examinations into the legal strategy for the case.

Corruption and offences relating to public office. We provide defence and representation in cases involving corruption offences and offences relating to public office, including investigations conducted by specialised structures of the Public Prosecutor’s Office. We rigorously analyse the responsibilities of the persons involved, the acts and decisions under challenge, the relationships between the participants, and the evidence concerning the existence and purpose of the alleged conduct. In such cases, the distinction between a questionable administrative or commercial decision and a criminal offence must be established by precise reference to the law and the evidence.

European funds and public financing. Cases concerning the obtaining and use of European funds or other forms of public financing lie at the intersection of criminal law, administrative law, taxation and European Union law. We analyse the conditions of the funding programme, the documentation submitted, the beneficiary’s obligations and the specific mechanism of the project in order to distinguish between administrative irregularities and conduct capable of giving rise to criminal liability. Where the same circumstances simultaneously give rise to administrative, tax and criminal proceedings, the strategy must be developed as a coherent whole.

Cybercrime and digital evidence. Digital data is increasingly decisive in criminal cases. We handle cases concerning cybercrime and situations in which computers, telephones, online accounts, electronic communications, databases or other information systems are the subject of the investigation or constitute the principal source of evidence. We analyse the lawfulness of the obtaining and use of digital evidence, its integrity, the technical context in which it was generated and the conclusions that may legitimately be drawn from it. Our experience in cyber law and data protection enables us to approach such cases also from the perspective of related legislation.

Legal entities and criminal liability. A criminal investigation may simultaneously affect a company’s management and the company itself. We assist legal entities in assessing criminal-law risk, during investigations and in proceedings in which the company’s criminal liability is at issue. We analyse the decision-making structure, the responsibilities of the persons involved, internal procedures and the relationship between individual conduct and the company’s activities. Managing such a case also requires an assessment of its effects on the company’s operations, assets, contractual relationships and reputation.

Injured parties and recovery of losses. Representation in criminal matters is not limited to defending against an accusation. We assist individuals and companies that have suffered loss as a result of criminal offences in filing criminal complaints, gathering evidence and pursuing civil claims. We seek to identify the mechanism by which the loss was caused, preserve the evidence and use the available procedural remedies to secure recovery.

Preventive and precautionary measures. Detention, judicial supervision, seizure of assets and other measures ordered during criminal proceedings may have major consequences before the court has ruled on the substance of the accusation. We challenge such measures where the statutory conditions are not met or where their scope is unjustified. In relation to precautionary measures, we analyse both the legal basis for the measure and the connection between the assets made unavailable, the alleged loss and the person against whom the measure was ordered.

A defence built for trial. In a complex criminal case, the explanation given today must withstand tomorrow’s scrutiny. For this reason, we approach every stage with the entire proceedings in mind: from the first interview through to the examination of evidence before the court and the exercise of rights of appeal.

We investigate. We verify. We challenge. We advocate.

We defend our clients’ rights, freedoms and interests through legal argument, evidence and procedural strategy.

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