If you’re under investigation for a criminal offense in Romania — or someone close to you is — you may face the serious and often confusing issue of asset seizure. Romanian authorities can freeze or confiscate property, money, or possessions even before a case goes to trial. This can be deeply disruptive and legally complex, especially for foreigners unfamiliar with local procedures.
In this guide, we explain how asset seizure in Romania works, what rights you have, and how to challenge it with the help of a qualified criminal defense lawyer.
What Is Asset Seizure in Romania?
Asset seizure in Romania refers to the temporary or permanent confiscation of property during a criminal investigation or trial. This includes:
- Bank accounts
- Real estate
- Vehicles
- Electronics
- Business assets
- Cash or cryptocurrency
The goal is to secure compensation for potential damages, prevent the hiding of criminal proceeds, or guarantee payment of future fines. Seizure can happen even before a conviction — often as a precautionary measure during the investigation.
Who Can Order Asset Seizure?
Asset seizure is typically ordered by a judge at the request of a prosecutor. However, in urgent cases, prosecutors can initiate temporary seizures without prior court approval, which are later reviewed by a judge.
Seizures may be applied to:
- Suspects or defendants in criminal cases
- Third parties (including family members or companies) if assets are believed to be connected to criminal activities
This is why it’s critical to act fast if you’re notified of a seizure — even if you’re not the main person under investigation.
Common Cases Where Asset Seizure Occurs
Romanian prosecutors often request asset seizure in cases such as:
- Financial fraud
- Tax evasion
- Corruption and bribery
- Drug trafficking
- Money laundering
- Organized crime
In these cases, the value of the seized property is often estimated to match the alleged financial damage or illicit gains.
How to Challenge Asset Seizure in Romania
If your property has been seized, you are not powerless. Romanian law allows you to challenge the seizure and request that assets be released or replaced by guarantees.
Here’s how the process works:
- Consult a criminal lawyer immediately. Time is critical.
- Request access to the case file. Your lawyer can review the justification for the seizure.
- File an appeal (contestație). This is submitted to the court that approved the measure.
- Present arguments and evidence. Show that the assets are not connected to the alleged offense or are disproportionate to the charges.
- Request substitution. In some cases, you can offer a financial guarantee or equivalent asset instead of the one seized.
Courts may agree to release some or all assets if the seizure is unjustified, too broad, or affects unrelated property.
What Role Does a Lawyer Play?
Challenging asset seizure in Romania without legal help is extremely difficult. A criminal defense lawyer can:
- Evaluate whether the seizure was lawful and proportionate
- File a well-argued appeal within legal deadlines
- Represent you in court hearings
- Communicate with prosecutors and negotiate alternatives
- Protect the rights of affected third parties (such as spouses or business partners)
It’s also important that your lawyer speaks English and understands the needs of international clients. Platforms like Tapu.ro can help connect you with qualified, English-speaking defense lawyers in Romania.
What If You’re Not the One Accused?
Asset seizures can affect family members or business partners — even if they are not suspects. This is known as “extended confiscation,” and Romanian law allows it if authorities believe assets were obtained indirectly or are being held in someone else’s name.
If this happens:
- You still have the right to challenge the seizure.
- You’ll need to prove that the asset was obtained legally and independently.
- A lawyer can represent your interests even if you are not part of the main criminal case.
Final Tips for Dealing with Asset Seizure
- Act quickly: There are strict deadlines for contesting seizure decisions.
- Stay calm and get legal help: Don’t try to move or hide assets — it can backfire.
- Document everything: Gather proof that the seized property is lawfully owned or unrelated to the alleged offense.
- Involve a translator: If you don’t speak Romanian, ensure all documents and court decisions are explained properly in your language.
Conclusion
Facing asset seizure in Romania during a criminal case can be overwhelming — but it’s not a lost cause. Romanian law allows you to challenge the seizure, defend your property rights, and in some cases recover what’s been taken. The key is to act quickly and get professional legal help from a lawyer who understands both the local legal system and your language needs.
If you or a loved one are dealing with asset seizure in a Romanian criminal case, don’t wait. The sooner you involve a qualified criminal defense lawyer, the better your chances of protecting your assets and securing a fair outcome.