For foreigners involved in a criminal case, being held in preventive detention in Romania can be intimidating. However, depending on the circumstances of the case, Romanian law allows for alternative measures, including house arrest and, more recently, electronic monitoring. These options offer more lenient restrictions than jail while still ensuring judicial oversight.
In this article, we explain how house arrest works in Romania, the role of electronic monitoring, and what foreigners should expect when these measures are applied.
1. What Is House Arrest in Romania?
House arrest in Romania is a form of preventive measure ordered by a judge as an alternative to pre-trial detention in a jail. Instead of being held in a detention facility, the defendant is confined to a specific location—usually their residence—for a defined period.
The purpose of this measure is to restrict the freedom of movement of a person suspected or accused of committing a crime, while avoiding the harshness of full imprisonment.
2. Who Can Be Placed Under House Arrest?
Judges in Romania can order this measure if:
- There is sufficient suspicion that a criminal offense has been committed,
- The person poses a flight risk or may obstruct justice,
- Full detention is considered disproportionate or unnecessary.
Foreigners can be placed under this measure, but the judge may be more cautious if the person does not have legal residence in Romania or strong ties to the country. In such cases, full detention may be preferred unless the defense lawyer can prove stability and cooperation.
3. Conditions and Rules
When placed under this measure, the individual must:
- Stay at a fixed address at all times (except for court-authorized exceptions)
- Comply with visits or checks by police or judicial personnel
- Avoid contact with witnesses, victims, or co-defendants
- Wear an electronic bracelet if required
Failure to respect these conditions can result in immediate replacement of house arrest with pre-trial detention.
4. Electronic Monitoring in Romania
Since 2022, Romania has expanded the use of electronic monitoring—a system that uses GPS-enabled devices (bracelets) to track compliance with judicial measures.
How it works:
- The person is fitted with a bracelet on the ankle or wrist
- The device monitors location and movement in real-time
- Authorities receive alerts if the person violates the set perimeter or tries to remove the device
The addition of electronic monitoring has made house arrest more enforceable and reliable, and may persuade judges to grant it more often in place of incarceration.
5. How Long Can House Arrest Last?
Initially, house arrest can be ordered for up to 30 days. However, the court can extend it repeatedly if the investigation continues or until the trial concludes. In total, pre-trial detention cannot exceed:
- 180 days in first-instance court cases
- 60 days during appeal stages
The defense can challenge the legality or continuation of the measure every time it is extended.
6. Rights and Limitations
Foreign nationals placed under house arrest still retain important legal rights, including:
- Access to legal counsel
- Ability to communicate with consular representatives
- Right to petition the court for permission to attend certain events (e.g. medical appointments, religious services)
However, restrictions include:
- No right to leave the home without court approval
- Monitoring of phone and internet activity in some cases
- Regular police check-ins or electronic alerts
7. Can House Arrest Be Converted into Another Measure?
Yes. With legal argument and supporting evidence, a defense attorney can request that house arrest be:
- Lifted entirely, or
- Replaced with judicial supervision, which allows limited freedom of movement
Judges evaluate:
- Behavior during the measure
- Risk to public safety
- Progress of the investigation or trial
Conclusion
House arrest in Romania offers a more humane alternative to jail for foreigners awaiting trial, especially with the implementation of electronic monitoring. While the restrictions are serious, they provide the opportunity to remain in a more familiar and comfortable environment than detention.
Foreign nationals facing criminal charges should speak with an experienced defense attorney to assess whether house arrest is a viable option and to ensure their rights are protected throughout the process.
Need Help Seeking House Arrest or Electronic Monitoring in Romania?
Adrian Tapu Law Office regularly assists foreign clients in securing alternatives to detention, including house arrest with electronic monitoring. We act quickly to file legal motions, defend your rights, and negotiate conditions that suit your situation.