When a person is detained during a criminal investigation in Romania, one of the most urgent legal remedies is to request pre-trial release. Romanian law allows for several types of pre-trial liberty measures, but securing release requires a formal legal motion filed before the competent court.
This article explains the process, legal grounds, and what to expect if you or someone you know is in pre-trial detention in Romania.
What Is Pre-Trial Release in Romania?
Pre-trial release refers to a legal request made by or on behalf of a detained person, asking the court to lift or replace the preventive arrest (arest preventiv) with a less restrictive measure. The goal is to allow the defendant to remain free (under conditions) while awaiting trial.
Types of pre-trial liberty measures:
- Judicial control (control judiciar) – comparable to supervised release
- Judicial control on bail (control judiciar pe cauțiune) – conditional on financial security
- House arrest (arest la domiciliu)
- Immediate release without conditions – less common
Who Can File the Motion?
The motion for pre-trial release may be filed by:
- The defendant (person detained)
- The defense attorney, with or without power of attorney
- In some cases, a legal guardian or representative
The motion can be submitted at any point during detention — from the initial arrest to any time before final judgment, though certain procedural deadlines apply.
Where and How Is the Motion Filed?
The motion is filed before the court that ordered the detention, usually a judge from the criminal chamber of a tribunal or court of appeal, depending on the phase of the case.
Required elements of the motion:
- Full identification of the defendant
- Reference to the court case number
- Clear request to replace or lift pre-trial detention
- Arguments and legal basis (e.g., no flight risk, strong family ties, employment)
- Supporting documents (e.g., employment contracts, health records, guarantees)
Language:
The motion must be filed in Romanian. A certified translator may be required if the defendant does not speak Romanian.
Legal Grounds for Pre-Trial Release
Romanian law (Articles 218–222 of the Code of Criminal Procedure) provides the framework for preventive measures. Courts assess:
- Flight risk – Is the person likely to leave the country or hide?
- Risk of re-offending – Particularly in repeat offenses
- Risk of influencing witnesses or tampering with evidence
- Proportionality – Is pre-trial detention proportionate to the charge?
The defense must argue that none of these risks apply, or that lesser measures can prevent them.
What Happens After Filing?
Once the motion is filed:
- The court sets a hearing date, usually within 3–5 days.
- The defendant may be transported to court to participate in person or by video.
- Both the defense and prosecution present arguments.
- The court may approve release, deny it, or replace the measure (e.g., switch from detention to house arrest).
Appeals can be filed within 48 hours if the motion is denied.
Tips for a Successful Pre-Trial Release Motion
- Hire a criminal defense lawyer experienced in pre-trial motions.
- Provide concrete evidence that the defendant has a stable residence, job, or dependents.
- Show cooperation with authorities and no prior violations of court orders.
- Consider offering bail (cauțiune) — financial guarantee in exchange for liberty.
Final Thoughts
Filing a motion for pre-trial release in Romania is a crucial step in safeguarding a defendant’s rights and avoiding unnecessary detention. With proper legal representation and a well-prepared file, Romanian courts often approve release under supervision or house arrest — especially in non-violent or first-time offenses.
If you need more information about this topic, you can contact us and we will be glad to help.