{"id":6731,"date":"2026-03-11T17:02:48","date_gmt":"2026-03-11T17:02:48","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6731"},"modified":"2026-10-31T13:36:36","modified_gmt":"2026-10-31T13:36:36","slug":"criminal-liability-for-acts-committed-in-the-professional-environment-when-the-incident-becomes-a-criminal-offense-and-how-civil-and-criminal-disciplinary-procedures-are-coordinated","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/raspunderea-penala-pentru-fapte-comise-in-mediul-profesional-cand-incidentul-devine-infractiune-si-cum-se-coordoneaza-procedurile-disciplinare-civile-si-penale\/","title":{"rendered":"Violence in the workplace: criminal and disciplinary liability"},"content":{"rendered":"

A conflict at work can raise distinct issues of employment law law, criminal law, and civil liability. The fact that the incident occurred on the job does not in itself establish whether there is a crime or a disciplinary offense: it is the conduct, the consequences, the connection to the work, the evidence, and the applicable legal texts that matter. Below are general guidelines for handling the procedures.<\/p>\n

When criminal liability may be invoked<\/h2>\n

In the case of physical violence, one of the possible offenses is assault or other violence, provided for by Article 193 of the Criminal Code. The basic form, which causes physical suffering, is punishable by imprisonment from 6 months to 3 years or a fine. If traumatic injuries occur or health is affected, with a severity assessed at no more than 90 days of medical care, the punishment is from 1 to 5 years or a fine. These limits have been increased by Law no. 116\/2025.<\/p>\n

Article 193 provides for a one-third increase in the limits in certain circumstances, including if the victim is a minor, is under the perpetrator\u2019s care, custody, or treatment, the act is committed in public, or the perpetrator has in his possession a means capable of endangering persons. In the cases indicated by law, criminal action may also be initiated ex officio. If the consequences are more serious, other rules may apply, such as Article 194 regarding bodily harm. The specific classification belongs to the judicial authorities and depends on evidence; an incident or accusation does not equate to establishing guilt.<\/p>\n

The disciplinary responsibility of the employee<\/h2>\n

According to Article 247 of the Labor Code, disciplinary misconduct involves an act related to work, committed with malice, whereby the employee violates legal obligations or rules applicable at the workplace. The employer may only apply the penalties provided by law and must follow the disciplinary procedure. For penalties that require prior investigation, the employee must be summoned and has the right to present defenses, submit evidence, and, upon request, be assisted under the conditions of Article 251.<\/p>\n

The sanctioning decision must be issued in writing and include the elements required by Article 252 of the Labor Code. In principle, the term of 30 calendar days from the date the employer became aware of the deviation is established, but no later than 6 months from the commission of the act. The calculation of the deadlines and the application of the procedure must be verified in relation to the concrete data and the current form of the law.<\/p>\n

Compensation and civil action<\/h2>\n

The person who has suffered material or moral harm may request its compensation under the law. The Code of Criminal Procedure allows the exercise of civil action within the criminal process by constituting oneself as a civil party, indicating the claims and the reasons. If the civil action is not exercised in the criminal process, the harmed person may have recourse to the civil court, according to the applicable procedural rules.<\/p>\n

How the procedures are coordinated<\/h2>\n

Disciplinary investigation, criminal investigation and claim for compensation have their own purposes and rules. One does not automatically prove the conclusion of the other, and the existence of a criminal investigation does not justify pressure on the victim or witnesses. The employer should limit access to information to those who need it, keep relevant documents and records legally, and avoid public conclusions before the facts are clarified.<\/p>\n

For the employee, it is useful to keep the summonses, decisions, messages, and their own observations about the incident and to respond within the procedure, making objections and indicating the relevant evidence. For the injured person, medical documents, complaints made, and witness data may be important. Records and other data must be obtained and used in accordance with the law and the rights of the persons involved.<\/p>\n

Points of reference for employers and those involved<\/h2>\n