Ignoring a court summons in Romania is never a good idea — whether you’re a defendant, witness, or even a civil party. Failing to appear can lead to serious consequences, including fines, arrest warrants, or even losing certain legal rights.
If you’re involved in a Romanian legal case, here’s what happens if you don’t show up in court, and what you can do to protect your rights.
If You Are a Defendant and Fail to Attend Court in Romania
For criminal cases, the presence of the defendant is generally mandatory — especially during key stages of the proceedings, such as:
- The first hearing;
- Presentation of evidence;
- Final statements or sentencing.
Consequences Include:
- Bench warrant (mandat de aducere): The court may order the police to forcibly bring you in.
- Preventive arrest warrant: If the court believes you’re avoiding justice, it can issue a pre-trial detention order.
- Trial in absentia: In some cases, the trial may continue without you — and you may be convicted without being present.
Exceptions:
If you have a justified reason (medical emergency, travel delays, etc.), your lawyer must notify the court and provide proof. Romanian courts may accept such explanations, but the standard is strict.
If You Are a Witness and Fail to Appear
As a witness, you are legally obligated to appear when summoned. Refusing to do so without a valid reason is a criminal offense under Romanian law.
Consequences for Failing to Attend Court in Romania Include:
- Fines;
- A warrant to bring you to court by police;
- Charges for contempt or obstruction of justice, in rare cases;
- Being held liable for delays or costs caused by your absence.
If you’re abroad and summoned to a Romanian court, contact a lawyer — in many cases, remote testimony (e.g. via video conference) can be arranged.
Civil and Administrative Cases: More Flexibility, But Risks Still Exist
In civil or family law cases (like divorce, custody, or property disputes), you are generally not compelled to attend — but failing to appear can:
- Lead to decisions being made in your absence;
- Result in a default judgment against you;
- Weaken your case due to lack of input or challenge to the opposing party’s claims.
Even if you’re not physically in Romania, you can grant power of attorney to a lawyer to represent you.
What If You Didn’t Know About the Hearing?
If you were not properly notified (e.g. didn’t receive the summons), this may be a valid defense. However:
- Courts presume that notifications sent to your declared address are valid;
- If you’ve left the country or changed addresses, you must inform the court to avoid being declared “evasive” (fugar).
How a Lawyer Can Help when You Can’t Attend Court in Romania
A Romanian lawyer can:
- Represent you when your presence isn’t mandatory;
- Submit valid justifications for absence;
- Challenge sanctions imposed for missing court;
- File appeals or motions to reopen the case, if necessary.
For foreign nationals, legal representation is especially crucial to navigate procedural rules and avoid unintentional mistakes.
Conclusion
Missing a court date in Romania — whether you’re a defendant, witness, or party to a case — can have serious consequences. Even if you’re abroad, you still have obligations, but also options to protect your rights.
Don’t risk fines, arrest, or losing your case. Get informed, stay engaged, and let a qualified lawyer guide you through the process.