Being involved in a criminal case is something we all want to avoid, but you should have some information in case you find yourself in a Romanian criminal trial. Here are the basic things you should know about criminal defense in Romania.
The Romanian Criminal Justice System
Romanian justice is based on a civil law system. This means that there are no jury trials and that prior court rulings are not mandatory for the judge of a new case. This applies to both civil and criminal cases. Criminal trials are regulated by the Romanian Penal Procedure Code.
A criminal trial has 3 main phases in Romania. The proceedings start with a criminal investigation phase, which is carried out by an investigating prosecutor and judicial police officers. When the investigations are completed and if the prosecutor decides to send the case to court, there will be a preliminary chamber procedure in which a judge will check if the criminal investigation was carried out in a legal manner. If the preliminary chamber judge decides that the case can be sent forward, the third phase of the trial is the judgment. This third phase will be divided into a first court judgment and an appeal before the higher court.
Criminal Defendants’ Rights
According to the Romanian Penal Procedure Code, criminal defendants have a few rights in the proceedings:
– the right to not make any statements;
– to be informed about the object of the investigation;
– the right to study the case file;
– to be assisted by a lawyer;
– the right to indicate new evidence to be administered;
– to have a translator/interpreter.
Having an Effective Criminal Defense
We usually advise our clients to make full use of their rights in criminal proceedings.
Making any statements before exercising your right to study the case file and before fully understanding the specifics of the case can prove to be very risky.
If you need more information about this subject, you can contact us at any time and we will be glad to answer any questions that you may have.