If you are involved in a criminal case in Romania, you should know that there are different types of criminal sentences that a judge can apply.
If you are the defendant, then you are probably looking to get the least damaging result at the end of the trial. Because that result may not always be an acquittal, you should understand what types of sentences a Romanian court can apply.
Main Types of Criminal Penalties
The two main types of penalties that the Romanian Criminal Code provisions are either prison time or a criminal fine.
While a fine sounds better than a jail time, it may not necessarily be the case. The judge can further individualize them. For instance, a delayed prison sentence may be more favorable than an expensive criminal fine.
Waving the Penalty
A judge can decide to waive the application of a penalty in some particular cases.
The main requirement for this is for the law not to provision a maximum penalty of more than 3 years for the crime.
If the judge waives the penalty, the only consequence of the crime is that of a simple warning.
Delayed Criminal Sentences
The judge can choose to delay a criminal sentence if it is prison time of up to 2 years or a fine. The 2 year limit refers to the actual sentence in this case and not to the general penalty limits for the crime.
This means that the penalty will not be applied, only issued and delayed for a probation term of 2 years. If the person doesn’t relapse, the conviction is simply erased. If they do relapse, the delayed sentence will be merge with the new one.
The main advantage of delayed sentences is that they do not show in the person’s criminal record.
Suspended Sentences
Suspended sentences are pretty much similar to delayed ones in terms of probation. The main advantage is that they allow for a larger sentence to be suspended. This means that a sentence of up to 3 years imprisonment can be subject to suspension.
However, the other difference is that suspended sentences do show up in the person’s criminal record.
If you want to get a general idea of how a Romanian criminal trial works click here.