On September 4, 1940, when general Ion Antonescu took power, Tobescu was appointed to the General Inspectorate of the Gendarmerie. However, because of his conflict with the legionnaires of the right-wing Iron Guard, he resigned on December 31, 1940 and took refuge in Yugoslavia, returning to Romania on January 24, 1941, after the quelling of the Legionnaires' rebellion.