Being detained by the police in Romania can be a confusing and stressful experience, especially if you’re unfamiliar with the local legal system. Whether you’re a Romanian citizen or a foreign national, it’s crucial to understand what happens next. This article breaks down the timeline of Romania’s criminal procedure after detention, outlining your rights and the key stages of the legal process.
1. Detention by Police (Reținerea)
Detention is the first step in the criminal procedure, and it occurs when the police believe there are strong grounds to suspect someone of committing a crime.
- Initial Detention Period: The police can detain a suspect for up to 24 hours without court approval.
- Grounds: Detention is usually based on evidence that the person committed a crime and is considered a flight risk, may tamper with evidence, or pose a danger to public safety.
- Your Rights:
- You have the right to be informed of the reason for your detention.
- You can remain silent and not incriminate yourself.
- You have the right to a lawyer, and legal aid is available if you cannot afford one.
- You are entitled to notify a relative or consulate (if you’re a foreign citizen).
2. Preliminary Hearing & Possible Preventive Arrest After Being Detained in Romania (Arestul preventiv)
Within the 24-hour detention period, prosecutors can request a preventive arrest order from a judge.
- Court Hearing: You must appear before a judge, usually within the 24-hour window.
- Outcome:
- The judge may order your release, impose judicial control (similar to bail or probation), or authorize preventive arrest.
- Preventive Arrest Duration: Initially, up to 30 days, but it can be extended in 30-day increments, up to a maximum of 180 days during the investigation phase.
3. Criminal Investigation (Urmărirea penală)
If preventive measures are imposed, the criminal investigation phase begins under the supervision of a prosecutor.
- Objective: To gather evidence that confirms or disproves the allegations.
- Actions Taken:
- Witness and suspect interviews.
- Collection of physical or digital evidence.
- Expert reports or forensic analysis.
- Your Rights:
- Be informed of any charges brought against you.
- Access your case file through your lawyer.
- Participate in hearings and evidence gathering (through your legal counsel).
You remain presumed innocent until proven guilty, and your lawyer can challenge unlawful actions by prosecutors or investigators.
4. Indictment or Case Dismissal (Trimiterea în judecată / Clasarea)
Once the investigation concludes, the prosecutor makes a decision:
- Trimitere în judecată (Indictment): If sufficient evidence exists, the case is sent to court for trial.
- Clasare (Dismissal): If evidence is lacking or the act is not criminally relevant, the case may be closed.
You will be notified of this decision, and if indicted, your lawyer will receive the case file to prepare your defense.
5. Pre-Trial Phase (Camera preliminară)
Before the trial starts, the case goes through a pre-trial chamber phase.
- Purpose:
- To verify whether the evidence was lawfully obtained.
- To confirm that procedural rules were respected.
- No Evidence Is Examined: This stage focuses on the legality of the investigation, not the facts of the case.
Your lawyer may raise objections that could exclude certain evidence or even stop the trial.
6. Trial (Judecata)
This is the main phase of criminal proceedings where the court examines all the facts and evidence.
- Public or Closed Hearings: Trials are usually public, but may be closed for sensitive cases (e.g., minors, national security).
- Stages:
- Opening statements by prosecution and defense.
- Witness testimonies, expert opinions, and evidence review.
- Final arguments.
- Outcome:
- Acquittal if the court finds you not guilty.
- Conviction if you are found guilty, followed by sentencing.
- Appeal: Both the defense and prosecution can appeal the decision to a higher court.
7. Appeal and Final Judgment (Apel și recurs)
If you’re convicted or if you disagree with the court’s decision, you can appeal.
- Appeal (Apel): Sent to the Court of Appeal for a full review of the trial’s legal and factual findings.
- Cassation (Recurs in interesul legii): A final challenge for certain procedural or legal irregularities, heard by the High Court of Cassation and Justice.
Once a final ruling is issued, it is binding and must be enforced.
8. Sentence Enforcement (Executarea pedepsei)
If a final conviction is issued, the sentence must be executed:
- Types of Penalties:
- Prison time (actual or suspended).
- Fines.
- Community service or other non-custodial measures.
- Credit for Time Served: Any time spent in detention or under preventive arrest is usually credited toward the final sentence.
In certain cases, convicts may request suspension, amendment, or delay of sentence execution based on legal grounds (health issues, family situations, etc.).
Key Takeaways about Being Detained in Romania
- You have rights at every stage of the process, from detention to trial and sentencing.
- Hiring a criminal defense lawyer early is vital to protect your rights and build your defense.
- The legal system in Romania is structured but can be complex, especially for foreigners—don’t navigate it alone.
Need Help After Being Detained in Romania?
If you or someone you know has been detained, contact a qualified criminal defense lawyer immediately. Time is critical, and professional legal assistance can make a major difference in the outcome of your case.
If you need additional information on this topic, you can contact us and we will be glad to help.