A legal guide for English-speaking defendants
In Romanian criminal law, a defendant’s mental state at the time of the alleged offense can significantly affect the outcome of a case. Mental Health Defenses are formally recognized in the Criminal Code and may lead to acquittal, reduced sentencing, or mandatory psychiatric treatment rather than imprisonment.
For English-speaking individuals facing criminal proceedings in Romania, understanding these legal provisions — and how psychiatric evaluations are conducted — is essential.
Legal framework for mental health defenses
The Romanian Criminal Code (Law no. 286/2009) includes specific articles addressing mental incapacity and criminal liability:
- Article 28 – Lack of Criminal Responsibility
A person is not criminally liable if, due to a mental illness or other psychological condition, they were unable to understand the nature of their actions or to control them at the time the act was committed. - Article 114 – Safety Measures: Medical Treatment
If a defendant is found not criminally responsible, the court may order medical or psychiatric treatment instead of imposing a prison sentence. These are considered non-punitive, protective measures.
When a condition only partially affects responsibility, the court may recognize diminished capacity and impose a reduced sentence.
Forensic psychiatric evaluations in criminal cases
The application of a mental health defense typically requires a forensic psychiatric assessment. This expert evaluation is carried out by court-approved institutions such as the National Institute of Forensic Medicine or regional psychiatric panels.
The evaluation may involve:
- Psychiatric interviews and cognitive assessments
- Review of the defendant’s medical history
- Observation in a psychiatric facility, if necessary
- A written expert report presented to the court
When the defendant does not speak Romanian, a certified legal interpreter is required during all stages of the evaluation.
Conditions that may support a mental health defense
Romanian courts may accept mental health defenses when supported by expert findings and clear links between the condition and the criminal act. Some of the most relevant conditions include:
- Schizophrenia and related psychotic disorders
- Bipolar disorder with manic or psychotic episodes
- Severe intellectual disabilities
- Epilepsy or neurological conditions with psychiatric effects
- Cognitive disorders affecting impulse control or awareness
Each case is considered individually, and the court will examine whether the condition impaired the defendant’s ability to understand or control their actions at the relevant time.
Key considerations for foreign nationals
If you are a non-Romanian speaker or an expat facing criminal charges in Romania, the legal system may feel unfamiliar or difficult to navigate. In such cases:
- You are entitled to interpretation services throughout the proceedings
- You have the right to request an independent psychiatric evaluation
- You should be aware that psychiatric treatment ordered by the court can involve placement in a secure medical facility
- A defense based on mental health must be carefully documented and supported by legal argument
Working with a legal team experienced in both Romanian criminal law and international client representation is strongly recommended.
How we can help
Our law office offers tailored legal assistance to English-speaking clients involved in Romanian criminal cases where mental health may be a relevant factor. We can assist with:
- Evaluating the legal basis for a mental health defense
- Coordinating with forensic psychiatric institutions
- Ensuring clear communication and accurate interpretation
- Reviewing and challenging expert reports if necessary
- Representing clients throughout investigation and trial phases
We take a careful, confidential, and case-specific approach to every situation.