{"id":6643,"date":"2026-02-26T06:09:32","date_gmt":"2026-02-26T06:09:32","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6643"},"modified":"2026-11-07T13:28:27","modified_gmt":"2026-11-07T13:28:27","slug":"the-procedural-and-criminal-liability-differences-in-embezzlement-between-public-officials-and-private-sector-individuals","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/diferentele-procedurale-si-de-raspundere-penala-in-delapidare-intre-functionarii-publici-si-persoanele-din-sectorul-privat\/","title":{"rendered":"Embezzlement: the distinction between Articles 295 and 308"},"content":{"rendered":"
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Embezzlement involves the appropriation, use or disposal, for one\u2019s own benefit or another\u2019s, of money, valuables or assets entrusted to a person\u2019s management or administration. Classification does not depend solely on whether the person works for the State or a private company. Actual responsibilities, the entity\u2019s legal nature, the service relationship and the evidence concerning the assets and alleged conduct all matter.<\/p>

Articles 295 and 308 of the Criminal Code<\/h2>

Article 295 provides for imprisonment from two to seven years and disqualification from holding public office. It criminalises appropriation, use or disposal of assets managed or administered by the perpetrator. Attempt is punishable.<\/p>

Article 308 extends the application of specified offences, including Article 295, to a person performing, permanently or temporarily, with or without remuneration, an assignment in the service of a person covered by Article 175(2) or within any legal entity. In that variant, the special penalty limits are reduced by one third. The label \u201cprivate employee\u201d is insufficient: the actual assignment and its relationship to the assets must be examined.<\/p>

Who has the status required by law?<\/h2>

Article 175 defines a public official for criminal-law purposes. Subject to its conditions, the concept can include people working for entities wholly or predominantly owned by the State. It does not always coincide with the everyday meaning of an employee of a public institution.<\/p>

Article 175(2) also concerns a person performing a service of public interest who has been entrusted with it by the public authorities or is subject to their supervision or control, subject to the statutory qualifications.<\/p>

Article 308 has its own requirements concerning an assignment in service and the relevant functional relationship. Employment or management contracts, job descriptions, delegations, internal procedures and actual duties can clarify that relationship.<\/p>

An accounting error, negligence or an ordinary contractual dispute is not automatically embezzlement. The elements of the offence and the legally required mental element must be established.<\/p>

The principal legal differences<\/h2>