Criminal Law

Whether you are summoned as a witness, suspect, or defendant, you have the following fundamental rights:

• Right to legal counsel — even at the first hearing. Expressly request the presence of your lawyer and do not answer substantive questions without them
• Right to be informed about the accusations (your procedural status)
• Right to remain silent — if you are a suspect or defendant, you may refuse to give statements
• Right to an interpreter if you do not speak Romanian
• Right to a copy of the official report

See our complete guide on rights at the police.

Yes, under certain conditions. Detention (up to 24 hours) may be ordered by the prosecutor or criminal investigation body without a judicial warrant, if there is evidence or reasonable indications that the person committed an offense and detention is necessary for the investigation.

For longer deprivation of liberty (over 24 hours), an arrest warrant issued by the judge of rights and liberties is required, valid for a maximum of 30 days at first issuance, extendable.

Important: detention must be communicated immediately to your lawyer or family, and statements made under pressure without a lawyer may be excluded from evidence.

The terms reflect different stages of criminal proceedings:

• Suspect — the person against whom there are reasonable indications of having committed an offense (early stage of criminal investigation)
• Defendant (inculpat) — the person against whom criminal action has been initiated by ordinance (advanced stage — there is solid evidence)
• Accused (învinuit) — term from the old Code, replaced by "defendant" in the 2014 Code of Criminal Procedure

Rights expand from suspect to defendant — particularly access to the file and the right to mandatory legal defense for certain offenses.

The average is 6-18 months, but it depends drastically on complexity:

• Simple cases (theft, assault without serious injuries): 3-6 months
• Cases with multiple expert reports or wiretapping: 12-24 months
• Cases involving economic or organized crime (DIICOT, DNA): 2-4 years

After the investigation, the file enters the preliminary chamber (60 days) followed by first-instance trial. Total criminal proceedings: on average 2-5 years from notification to final judgment.

The preliminary chamber is the phase between the conclusion of criminal investigation and the start of trial, introduced by the 2014 Code of Criminal Procedure. It lasts a maximum of 60 days.

In this phase the judge verifies:

• Competence and legality of the court referral
• Legality of the evidence administered
• Legality of acts performed by the prosecutor

Exclusion of illegally obtained evidence is decided HERE — once the deadline passes, it can no longer be requested. An attentive lawyer files motions in the preliminary chamber to weaken the prosecution before the actual trial.

Technically yes, but it is highly risky. Statements given without a lawyer are procedurally valid and may be used against you. Even if they seem innocent, they may be reinterpreted as implicit admissions or create contradictions with later statements.

Professional recommendation: always request the presence of your lawyer. If you do not have one, request a court-appointed lawyer (free for those with income below a certain threshold, under Law 51/1995). The hearing may be postponed until the lawyer arrives.

The only exception: if you are only a witness and you are certain there is no involvement on your part, it may be reasonable. But even here a lawyer does not hurt.

Fees depend on several factors: complexity of the case, severity of the offense, procedural stage (criminal investigation, preliminary chamber, first instance, appeal), estimated workload, urgency. Firms typically work with a fixed fee per stage or with a time-based fee, sometimes with a success fee for certain cases.

At BVIR we discuss fees transparently from the first consultation, after a concrete evaluation of your case. For those with low income, court-appointed assistance is available free of charge through the Bihor Bar (under Law 51/1995).

For a clear estimate for your case, schedule an initial consultation.

Preventive measures are procedural restrictions applied to the defendant, in increasing order of severity:

• Detention — 24 hours
• Judicial control — prohibition to leave the locality, periodic appearance at the police, other obligations
• Judicial control on bail — same plus monetary guarantee
• House arrest — prohibition to leave the home, electronically monitored
• Pretrial detention — total deprivation of liberty in prison

Each measure may be challenged. The lawyer requests replacement with a milder measure when circumstances allow.

Yes, the first-instance criminal sentence may be challenged by appeal within 10 days of pronouncement (or communication, where applicable). The appeal is heard by the competent court of appeal.

The decision of the court of appeal is, as a rule, final. However, extraordinary remedies exist:

• Cassation appeal — for strict legal questions
• Annulment challenge — for serious procedural violations
• Revision — for new facts or evidence

Deadlines are short and formalism is high — a lawyer is essential.

Yes. Under Law 51/1995, you benefit from a court-appointed lawyer if:

• You are detained or in pretrial detention (mandatory assistance)
• You are a minor
• You have impairments preventing your defense
• You are accused of an offense punishable by over 5 years imprisonment

For free legal assistance upon request, in other cases, you must demonstrate income below the threshold set by law (annually updated). The application is filed with the bar association.

Quality of assistance varies — for important cases, we recommend a chosen lawyer.