This service is for company owners, directors, compliance teams and individuals facing criminal precautionary measures (seizure/freezing) or a confiscation risk in Romania. We clarify what was ordered, what can be challenged, the relevant deadlines and the evidence you need, and we align the legal steps with business continuity so the company can keep operating while the case moves forward. Next step: send the key documents listed below and we discuss a concrete action plan.
Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.
When you need this
- Your bank accounts are frozen (company or personal) and payments are blocked.
- A seizure was placed on vehicles, equipment, stock, real estate or shares.
- You received an ordinance/court order instituting seizure and you must decide whether and how to challenge it.
- ANABI was involved (management, valuation, early sale) and you need to react quickly.
- The seizure hits essential operational assets (payroll, VAT, suppliers, leased equipment) and you need continuity options.
- You are a third party affected by the measure (e.g., spouse, shareholder, supplier, lender) and want release of your assets.
- You face a confiscation request (special or extended) and need a strategy to narrow scope and document lawful origin.
- You have parallel measures (criminal seizure and ANAF tax seizure/garnishment) and need coordinated steps.
- The case has cross-border angles (EU freezing/confiscation recognition) and execution risk in other Member States.
What we do, step by step
- Rapid triage: we map the measure (type, assets, legal basis, stage of case, service date) and identify immediate deadlines.
- Evidence plan: we list what documents prove ownership, operational necessity, proportionality issues and lawful origin.
- Procedural path: we select the correct remedy (challenge/complaint, lifting/limiting request, third-party intervention), with a clear filing calendar.
- Operational continuity: we build a practical plan (critical payments, salary/VAT, supplier chain, alternative accounts, leasing/pledges) consistent with the legal strategy.
- Valuation and scope: we test whether the measure is broader than needed (value vs alleged damage, unrelated assets) and prepare narrowing arguments.
- Coordination with parallel procedures: if ANAF enforcement exists, we coordinate timing and documents to avoid contradictory steps.
- ANABI interface: where relevant, we manage communications on administration/valorisation steps and object where early sale would cause disproportionate harm.
- Confiscation defence: we structure lawful-origin evidence (income, contracts, financing) and a narrative that fits the file and the legal tests.
- Representation: we file, argue, and follow up in court/prosecution, with updates and next-step decisions as the file evolves.
Documents/information useful for the first review
| Document | Why it matters | Notes |
|---|---|---|
| Seizure order (prosecutor ordinance / court order) + proof of service | Defines scope, legal basis, assets, reasoning and deadlines | Send full text, annexes, and the date you received it |
| Asset list and identifiers (IBANs, land book extracts, vehicle IDs, inventory lists) | Allows fast mapping of what is affected and what is not | Include copies/screenshots showing the blocking effect |
| Ownership documents (company registry extracts, contracts, invoices, purchase docs) | Key for third-party claims, scope challenges and lawful-origin narrative | Flag assets owned by related parties or financed assets |
| Accounting package (balance sheet, trial balance, cash-flow overview) | Supports necessity, proportionality and continuity arguments | Highlight payroll, taxes, critical suppliers and timelines |
| Financing documents (loan agreements, leasing, pledges, security interests) | Shows third-party rights and operational dependencies | Include repayment schedules and collateral descriptions |
| Alleged damage calculation (if any) and supporting documents | Needed to test proportionality between measure value and alleged damage | If unclear, note what you were told and by whom |
| ANAF enforcement documents (if applicable) | Helps coordinate criminal and tax measures | Include enforcement title, garnishment notices and account blocks |
| ANABI communications (if any) | Shows management/valorisation steps and timing | Forward emails, notices, valuations, auction references |
Risks and common mistakes
- Missing short deadlines to challenge the measure or specific enforcement steps.
- Sending incomplete context to authorities (ownership, necessity, financing), leading to avoidable refusals.
- Assuming “it will be lifted automatically” after a procedural step, without a formal request and evidence.
- Making ad-hoc business moves (asset transfers, unusual payments) that can be misread as concealment.
- Ignoring parallel ANAF measures and ending up with double blocking and conflicting court decisions.
- Underestimating valuation and proportionality arguments (scope is often negotiable if properly documented).
- Not protecting third parties (co-owners, lenders, leasing companies) early, leading to escalations and claims.
FAQ
What is the difference between criminal seizure (freezing) and confiscation?
Seizure is a precautionary measure meant to preserve assets during the case; confiscation is a final measure ordered by the court in the judgment, permanently transferring assets or value to the state when legal conditions are met.
Can a company ask for partial lifting to pay salaries, taxes or critical suppliers?
In practice, targeted solutions may be possible depending on the measure, the authority, and the evidence on necessity and proportionality; the request must be tailored to the specific assets and payments and supported by documents.
What if the seized asset is owned by a third party (not the suspect/defendant)?
Third parties can, in certain conditions, challenge or seek release/limitation by proving ownership or other rights and showing why the measure should not extend to their assets.
Does ANABI decide the seizure or confiscation?
No. Seizure/confiscation is ordered by the prosecutor or the court; ANABI’s role is linked to management/administration and certain valorisation mechanisms in the legal framework.
How do EU freezing/confiscation rules affect assets in another Member State?
For cross-border execution within the EU, Regulation (EU) 2018/1805 sets out forms and procedures for recognition and execution of freezing and confiscation orders, subject to safeguards and specific grounds for refusal.
What should I do in the first 24–48 hours after discovering the account block?
Secure the documents (order, service proof, account notifications), map what is blocked, avoid improvised asset movements, and prepare a structured package showing ownership, necessity and proportionality so a targeted legal request can be filed fast.
Contact
Internal links
Sources
- Legea nr. 135/2010 (Codul de procedură penală) – legislatie.just.ro
- Legea nr. 286/2009 (Codul penal) – legislatie.just.ro
- Legea nr. 318/2015 (ANABI) – legislatie.just.ro
- ANABI – Agenția Națională de Administrare a Bunurilor Indisponibilizate (site oficial)
- Regulation (EU) 2018/1805 (mutual recognition of freezing & confiscation orders) – EUR-Lex
- Directive 2014/42/EU (freezing & confiscation of instrumentalities and proceeds of crime) – EUR-Lex