If you’ve been convicted of a crime in Romania, all is not lost—Romanian law allows for the possibility to appeal your sentence. This is especially important for foreign nationals, who may feel overwhelmed by the language barrier, unfamiliar legal procedures, and the potential impact on their immigration status or professional life.
This article outlines the appeal process, your rights, and what you need to know to challenge a criminal conviction effectively.
1. Can You Appeal a Criminal Sentence in Romania?
Yes. Under Romanian law, most criminal judgments handed down by a court of first instance can be appealed to a higher court. You can appeal both the conviction itself and the penalty imposed—including fines, prison sentences, or suspended sentences.
2. Who Can File an Appeal?
An appeal can be filed by:
- The convicted person
- Their legal representative or defense attorney
- The prosecutor, if they believe the sentence was too lenient
- The injured party, in certain cases
For foreigners, it is strongly advised to work with a Romanian criminal defense lawyer who is fluent in English and experienced in appellate procedures.
3. Time Limits: Deadline to Appeal a Criminal Sentence in Romania
You must file an appeal within:
- 10 days from the date the judgment was communicated to you (or to your lawyer, if represented)
This deadline is strict. If missed, your ability to appeal may be lost unless extraordinary remedies apply.
4. What Grounds Can You Use to Appeal?
You can appeal a criminal sentence in Romania for several reasons, such as:
- Errors in legal interpretation or application
- Incorrect assessment of facts or evidence
- Procedural violations (e.g., right to defense was infringed)
- Excessively harsh sentencing
- Improper conduct by prosecutors or judges
5. The Appeal Process: Step-by-Step
- Filing the Notice of Appeal
This must clearly state that you’re contesting the decision and be submitted to the same court that issued the judgment. - Motivating the Appeal
A detailed written explanation of the legal grounds and facts you’re contesting is required shortly after. - Case File Transmission
The lower court forwards your case file to the Court of Appeal, along with your reasoning and any other relevant documents. - Hearing Before the Appellate Court
The appeal is usually heard by a panel of judges, and both parties (defense and prosecution) can present oral arguments. You may attend, but in some cases, your lawyer can represent you. - Decision
The appellate court may:- Confirm the original sentence
- Modify the sentence (reduce or increase)
- Acquit you
- Order a retrial
6. Can You Appeal Again? The Role of the High Court
In limited situations, you may take your case to the High Court of Cassation and Justice (Romania’s supreme court) for a final review, especially if there are:
- Serious legal errors
- Violations of constitutional rights
- Conflicts in the interpretation of law
This is called an extraordinary appeal, and it’s subject to strict conditions and legal scrutiny.
7. What Happens If You’re Outside Romania?
If you’re a foreign national who has left the country or returned home:
- You can still appeal through your legal representative.
- You may be tried or have your appeal heard in absentia.
- If the appeal is successful, you may be acquitted or have your sentence reduced without returning to Romania—though this depends on the case specifics.
8. Final Tips for Foreigners Appealing a Sentence
- Hire a defense attorney who speaks your language and understands Romanian criminal law.
- Act quickly—the 10-day window to file an appeal is crucial.
- Ask your lawyer to request a full translation of the judgment if Romanian is not your native language.
- Stay in contact with your consulate for legal assistance and emergency support.
Need Help To Appeal a Criminal Sentence in Romania?
Our experienced legal team at Tapu Law Office has helped numerous foreign nationals navigate appeals in Romanian courts. Whether you’re in Romania or abroad, we can represent your interests and fight for your rights.