This article is for informational purposes only and does not constitute legal advice. Any concrete case must be assessed individually by a lawyer, based on the case file and the law in force at the time of the alleged acts.
When someone is investigated for fraud (înșelăciune) in Romania, two questions appear almost immediately:
“How many years in prison can I get?” and “Is there any real point in hiring a criminal lawyer, or is a prison sentence unavoidable?”.
Fraud is one of the most frequent offences against property in Romanian criminal practice, but the way the law applies in real life depends heavily on the specific facts of each case.
In this article, we look at what the Romanian Criminal Code actually says about fraud, what the statutory sentencing ranges are,
what typically happens in practice (from renunciation of the penalty to effective imprisonment), and what the concrete role of a
criminal defence lawyer is in such a case. The text is structured to answer the practical question:
“What do I really risk, in years of imprisonment, if I am suspected or indicted for fraud in Romania?”.
1. Legal basis: how Romanian law defines the offence of fraud (înșelăciune)
Fraud (înșelăciunea) is regulated by Article 244 of the Romanian Criminal Code, part of
Law no. 286/2009 regarding the Criminal Code. The current official text (including its latest amendments) can be consulted in full on
Portalul Legislativ – Ministry of Justice
and on specialised legal platforms such as
Sintact
or codurilepenale.ro.
The law distinguishes between a basic version and an aggravated version of the offence:
- Basic form (Article 244 paragraph (1) Criminal Code): inducing someone in error by presenting a false fact as true, or a true fact as false,
- for the purpose of obtaining an unjust patrimonial benefit for oneself or another person,
- if a patrimonial damage has actually been caused.
The aggravated form (Article 244 paragraph (2) Criminal Code) applies when fraud is committed by:
- using a false name (false identity),
- using a false quality (for instance claiming to be a lawyer, doctor or public official without being one), or
- using other fraudulent means (false documents, staged scenarios, fake legal situations, etc.).
The Constitutional Court of Romania has examined these provisions several times and has confirmed that they are sufficiently clear and foreseeable,
including the phrase “other fraudulent means”. For example, Decision no. 28/28.01.2025 and Decision no. 110/07.03.2024 explicitly upheld the
constitutionality of Article 244 paragraphs (1) and (2) Criminal Code and clarified how the aggravated form interacts with other offences, such as forgery or
usurpation of official capacity
(Decision no. 28/2025;
Decision no. 110/2024).
1.1. What legal interest is actually protected by fraud (înșelăciune)?
The main protected interest is trust in patrimonial relations and the security of civil transactions.
The legislator does not criminalise every broken promise or contractual failure. For criminal liability to arise, it is necessary that:
- there is an active conduct of inducement in error (lies, misrepresentation, deliberate concealment of essential facts);
- from the outset, the perpetrator pursues an unjust patrimonial benefit (not just later inability to pay);
- an effective patrimonial damage is caused to the victim.
Romanian criminal law scholarship and case-law consistently distinguish between a “criminally relevant lie”
(falling under Article 244 Criminal Code) and the normal risks of business and typical civil non-performance, which remain in the purely civil sphere.
Analyses published in specialised journals underline that not every bad business decision or lost investment should be transformed into a criminal fraud case,
but only those situations where the fraudulent intent existed from the beginning, at the time of entering into the relationship.
2. How many years in prison do you risk for fraud under Romanian law?
From a strictly legal perspective, the statutory sentencing ranges in Article 244 Criminal Code are as follows
(according to the current text in force published in the Official Gazette and consolidated on the platforms mentioned above):
- Basic form – Article 244 paragraph (1) Criminal Code:
imprisonment from 6 months to 3 years. - Aggravated form – Article 244 paragraph (2) Criminal Code (false name, false quality or other fraudulent means):
imprisonment from 1 to 5 years.
These limits are confirmed both by the official legal texts and by doctrinal presentations and practitioner commentaries which summarise the regulation of fraud in the
current Criminal Code based on the official sources mentioned above.
2.1. Attempted fraud: what if the damage did not actually occur?
The Criminal Code regulates attempt in Articles 32–33. In short, attempt exists when the perpetrator has started executing
the act, but it did not reach the point of being consummated – for example, the victim detects the fraudulent scheme in time and refuses to transfer the money.
Under Article 33 Criminal Code, attempt is punishable, and the sentencing range is reduced: the court applies the penalty provided for the completed
offence, but within limits reduced by half. Therefore, in the case of attempted fraud, the judge will start from the same statutory limits as for
consummated fraud but will reduce them in accordance with the general rules on attempt.
2.2. Concurrence with other offences: fraud plus forgery and other crimes
In practice, fraud cases rarely involve a single offence. Very often, the same factual conduct is linked with:
- forgery offences (material forgery in official documents, forgery in private documents, use of a forged document – Articles 320–323 Criminal Code);
- usurpation of official capacity (Article 258 Criminal Code);
- exercising a profession or activity without right (Article 348 Criminal Code);
- in online environments, computer fraud (Article 249 Criminal Code) or other cyber-crime offences.
The Constitutional Court clarified in Decision no. 28/2025 and Decision no. 110/2024 that when the “fraudulent means” used in the aggravated form
of fraud is itself another offence (e.g. use of a forged document, usurpation of official capacity, etc.), this does not disappear inside fraud but
is retained in real concurrence with aggravated fraud. In such cases, the final sentence is calculated according to the general rules on concurrence
of offences in Articles 38–39 Criminal Code, by applying the most severe penalty and then adding a certain increase (a global sentence with a statutory increase).
In practical terms, in fraud cases combined with forgery or other offences, the theoretical maximum increases and the
risk of an actual prison sentence (rather than a suspended sentence) generally becomes higher, especially where the damage is significant
or there are multiple victims.
3. From “how many years” on paper to what actually happens in court
The statutory limits in the Criminal Code do not mean that anyone sent to trial for fraud will automatically receive a 3- or 5-year prison sentence.
The court must individualise the punishment in each case, in line with the criteria in
Article 74 Criminal Code,
such as:
- circumstances and manner of commission of the offence;
- means used to commit it;
- purpose and consequences (amount of the damage, number and vulnerability of victims);
- conduct of the defendant before and after the act (previous record, cooperation with authorities, compensation of the damage);
- any mitigating or aggravating circumstances.
On top of this, the Criminal Code offers several sentencing mechanisms which can mean the difference between effective imprisonment and a sentence
that is not executed in prison: renunciation of the penalty, postponement of the application of the penalty, and
suspension of execution under supervision. These are strictly regulated and can only be used if all legal conditions are cumulatively met.
3.1. Renunciation of the penalty (Articles 80–82 Criminal Code)
Renunciation of the penalty is regulated by
Article 80 Criminal Code.
In essence, if the court considers that the offence has a relatively low gravity and that the offender does not pose a significant danger to society, it may
find the defendant guilty but decide not to apply a penalty at all, subject to strict conditions (for example, the penalty that would normally
be applied must not exceed a certain threshold, usually one year; there are no relevant previous convictions; and the court considers that a penalty is not
necessary in that concrete situation).
In such a scenario, the judgement still recognises guilt, but the person does not receive a custodial sentence to execute, provided that they comply with the
obligations imposed during a monitoring period.
3.2. Postponement of the application of the penalty (Articles 83–90 Criminal Code)
Postponement of the application of the penalty is provided by
Article 83 Criminal Code.
The court may postpone applying the penalty if, among other conditions:
- the penalty set (including in concurrence) is imprisonment of at most 2 years or a fine;
- the defendant has no prior convictions that exclude this benefit;
- the court considers that immediate application of the penalty is not necessary.
In many fraud cases with relatively modest damage, no prior record and full or substantial compensation of the victim, courts may consider this institution as
an alternative to effective imprisonment, depending on the particularities of the case and the evidence.
3.3. Suspension of execution of the penalty under supervision (Articles 91–98 Criminal Code)
When the final penalty (including any concurrence) is up to 3 years’ imprisonment, the court may order
suspension of execution of the penalty under supervision, under the conditions of
Article 91 Criminal Code.
In this case, the penalty is formally applied, but is not executed in prison; instead, the defendant is placed under the supervision of the
Probation Service and must comply with specific obligations (Articles 92–93 Criminal Code).
In terms of the practical question “How many years in prison can I get?”, these institutions show that,
especially in first-offence fraud cases with compensated damage, the real risk of effective imprisonment can be considerably lower than the
statutory maximum. The final outcome, however, is always up to the court, based on the evidence and the individual circumstances.
4. Settlement (împăcarea părților) in fraud cases
A key aspect in fraud is that, under Article 244 paragraph (3) Criminal Code,
settlement between the parties removes criminal liability. The general rules on settlement are laid down in
Article 159 Criminal Code.
In essence:
- settlement is possible only where the law expressly provides it – which is the case for fraud under Article 244 paragraph (3);
- settlement removes criminal liability and extinguishes the civil action between the parties;
- generally, settlement must occur no later than the reading of the indictment in court, with nuances arising from Constitutional Court case-law regarding changes in the legal classification of the offence (for example, Decision no. 135/2022 and other decisions interpreting Article 159 Criminal Code).
In practice, settlement usually implies full or partial payment of the damage and express statements of will by the parties in front of the judicial authorities
(police, prosecutor or court). A criminal defence lawyer can negotiate the terms, draft clear statements and ensure that the legal effects of the
settlement are correctly reflected in the file.
5. “Only a civil dispute” or criminal fraud? The boundary line
One of the most difficult issues in practice is distinguishing between:
- a simple civil dispute (for example, non-performance of a contract, bad business decisions, insolvency risk), and
- a genuine criminal fraud under Article 244 Criminal Code.
The Constitutional Court has emphasised, in several decisions concerning Article 244, that not every contractual non-performance constitutes fraud.
What matters is:
- whether there was a misrepresentation or concealment at the time of entering into the agreement;
- whether from the beginning the person intended to obtain an unjust patrimonial advantage at the expense of the other party;
- whether a concrete damage was caused as a result of this behaviour.
On this “borderline” between civil and criminal law, the defence strategy is crucial: how the facts are presented, which documents are highlighted,
and how the legal argument is structured can shift the assessment towards a civil-only dispute or, conversely, towards criminal liability with mitigating elements.
6. The concrete role of the criminal defence lawyer in a fraud case
6.1. During the criminal investigation
In the investigation phase (police/prosecutor), a criminal defence lawyer can:
- explain the suspect’s or defendant’s rights (right to silence, privilege against self-incrimination, right to counsel, right to propose evidence);
- attend interviews and ensure that questions and answers are recorded correctly, without suggestive or abusive formulations;
- request the hearing of witnesses, submission of documents, accounting or technical expert reports;
- argue that the elements of fraud are not met or that the case is primarily a civil matter;
- negotiate, where appropriate, compensation of the victim and a possible settlement that would put an end to criminal liability.
6.2. Before the criminal court
Once the case reaches court, the lawyer can:
- raise procedural objections (illegally obtained evidence, nullities, breaches of rights);
- challenge an incorrect legal classification (for instance, a contractual dispute treated as criminal fraud without sufficient basis);
- request additional evidence that may significantly change the assessment of the facts and the defendant’s guilt;
- argue for the application of the more lenient criminal law where relevant (Article 5 Criminal Code);
- advocate for the use of lenient institutions (renunciation, postponement, suspension under supervision) where legal conditions are met;
- argue, in appropriate cases, for termination of proceedings on grounds such as settlement or limitation (prescription).
6.3. Dealing with compensation and other consequences
In fraud cases, the civil component (compensation of the damage) is as important as the criminal component. The lawyer can:
- negotiate lump-sum or instalment payments to the victim;
- propose security interests (mortgages, pledges) to make an agreement acceptable to the injured party;
- coordinate with any insolvency proceedings if the defendant (individual or company) is involved in such a procedure;
- assess the impact on the defendant’s criminal record, access to regulated professions, public tenders, financing and future business opportunities.
7. Other consequences of a conviction for fraud
Beyond the number of years in prison, a fraud conviction may lead to:
- entry in the criminal record, with consequences for employment and professional licensing;
- civil obligations to pay damages (material and potentially moral);
- possible security measures or bans (for example, prohibition to exercise certain professions or functions);
- special confiscation of assets obtained through the offence (Article 112 Criminal Code);
- serious difficulties in obtaining bank loans or taking part in public or business tenders.
8. How long does the state have to prosecute fraud? Limitation periods (prescripția răspunderii penale)
General limitation periods for criminal liability are regulated by
Article 154 Criminal Code.
For offences punishable with imprisonment of more than one year but not exceeding 5 years, the general limitation period is
5 years (letter d) of paragraph (1)).
Given that fraud in the current regulation carries a maximum penalty of 3 or 5 years’ imprisonment (depending on the form), it falls within this category.
In practice, however, calculating limitation is more complex and depends on:
- the date when the offence was allegedly committed;
- any procedural acts that interrupted the limitation period, in line with Article 155 Criminal Code and the case-law of the Constitutional Court;
- the possible application of successive laws in time and of the more lenient law principle.
Because of these variables, the exact calculation of limitation in a fraud case can only be done based on the full case file and a precise timeline.
Legal doctrine and case-law show that limitation is often a technical and contested issue, and raising such a defence requires a detailed legal and factual analysis.
9. What you can do if you are suspected or indicted for fraud in Romania
If you have received a summons from the police or prosecutor, an official notification of charges (calitate de suspect/inculpat),
or you have already been indicted, a few basic guidelines are important:
- do not underestimate the situation – fraud is a serious offence with a real risk of conviction;
- avoid giving statements in anger or under pressure, without first consulting a lawyer;
- gather all relevant documents (contracts, invoices, bank statements, correspondence) and present them in an organised manner to your lawyer;
- assess realistically, together with your lawyer, the possibility of compensating the damage and reaching a settlement with the victim;
- discuss all potential scenarios: from renunciation of the penalty to postponed penalty, suspended sentence, or, in high-risk cases, effective imprisonment.
In the end, the question “How many years in prison can I get for fraud?” has a relatively clear answer at the abstract legal level
(6 months–3 years or 1–5 years, depending on the form). The real outcome in your particular case depends, however, on
the exact facts, the evidence, your conduct and the defence strategy. Consulting a criminal defence lawyer as early as possible
is not a luxury, but a key step in protecting your rights and limiting the consequences.
Frequently Asked Questions about Fraud (Înșelăciune) and Penalties in Romania
1. What does the offence of fraud (înșelăciune) mean under the Romanian Criminal Code?
Fraud is the act of inducing another person in error by presenting a false fact as true or a true fact as false, for the purpose of obtaining an
unjust patrimonial benefit for oneself or another, if a patrimonial damage is caused. This follows the definition in
Article 244 Criminal Code. Not every lie is a criminal offence; all legal conditions in Article 244 must be met.
2. How many years in prison can I get for fraud?
For the basic form of fraud, the statutory penalty is imprisonment from 6 months to 3 years. For the
aggravated form (committed by using a false name, false quality or other fraudulent means), the penalty is
imprisonment from 1 to 5 years. If the same conduct also constitutes other offences (e.g. forgery), the final sentence is set according
to the rules on concurrence of offences.
3. Is it possible to avoid serving the sentence in prison?
Yes, in appropriate cases the court may apply mechanisms such as renunciation of the penalty,
postponement of the application of the penalty or suspension of execution under supervision,
provided that all statutory conditions in Articles 80–83 and 91–98 Criminal Code are met. Whether these can be applied depends on the gravity of the offence,
the defendant’s record, the damage and many other factors.
4. If I settle with the victim, can I still be convicted?
In fraud cases, settlement removes criminal liability, as expressly provided by Article 244 paragraph (3) in conjunction with
Article 159 Criminal Code. Settlement must be expressly declared and must occur within the legal time limit (generally up to the reading of the indictment
in court). Note that this rule does not automatically apply to all associated offences (e.g. certain forgery offences do not allow settlement).
5. What is the difference between criminal fraud and a civil dispute?
Criminal fraud requires a deliberate misrepresentation or concealment from the beginning of the relationship, with the intent to obtain an
unjust patrimonial benefit and with an actual damage. A civil dispute usually involves non-performance or faulty performance of a contract, without criminal
intent at the time of contracting. The distinction is made by analysing in detail the facts, the parties’ intentions and the available evidence.
6. How long does the state have to prosecute fraud?
As a rule, fraud falls under the 5-year limitation period provided by Article 154 paragraph (1) letter d) Criminal Code,
because the statutory maximum is between 1 and 5 years’ imprisonment. However, the concrete calculation of limitation depends on the date of the act,
any interruptions of the limitation period and the succession of laws in time. It must therefore be done individually for each case.
7. Does paying back the damage help in a fraud case?
Yes, compensating the damage – fully or at least substantially – usually has a very significant impact. It can facilitate settlement
(which removes criminal liability), support the application of more lenient mechanisms (renunciation, postponement, suspension) and reduce the severity of the
sentence. However, compensation does not automatically guarantee acquittal.
8. Do I really need a lawyer in a fraud case?
While legal representation is not procedurally mandatory in every situation, in practice handling a fraud case without a lawyer involves a major risk.
The case may affect not only your liberty, but also your financial situation, professional life and reputation. A criminal defence lawyer can analyse the file,
build a tailored defence strategy, negotiate with the victim and use all legal tools available to limit the consequences.
Sources and further reading
Law no. 286/2009 – Romanian Criminal Code (Portalul Legislativ – Ministry of Justice)
Article 244 Criminal Code – Fraud (Înșelăciunea) – consolidated text (Sintact)
Article 244 Criminal Code – Fraud – commentary and structure (codurilepenale.ro)
Article 154 Criminal Code – Limitation periods of criminal liability
Article 159 Criminal Code – Settlement (Împăcarea)
Constitutional Court of Romania – Decision no. 28/2025 (fraud and “other fraudulent means”)
Constitutional Court of Romania – Decision no. 110/2024 (aggravated fraud and concurrence with other offences)