If you’re navigating the Romanian legal system—especially as a foreigner—it’s important to understand how the law classifies criminal offenses. Romania does not use the common law terms “misdemeanors” and “felonies” in a strict sense, but it does make a clear distinction between less serious and more serious crimes through a structured classification.
In this article, we’ll explain how Romanian law defines and differentiates between minor and serious offenses, and what legal consequences you might face depending on the category of the crime.
Romanian Legal Terminology: Infraction vs. Contravention (Misdemeanors vs. Felonies)
Romanian law generally distinguishes between:
- Contravenții (Administrative Offenses) – Similar to misdemeanors in other jurisdictions. These are violations that are not criminal in nature (e.g., noise violations, public disturbances).
- Infracțiuni (Criminal Offenses) – These are crimes prosecuted under the Criminal Code and further divided into:
- Minor offenses – May resemble misdemeanors in other legal systems.
- Serious offenses (Grave infractions) – Comparable to felonies.
In other words, Romania does not use the “misdemeanor/felony” terms, but the gravity of the offense and the punishment it carries determine the distinction.
How the Criminal Code Classifies Crimes
Under Romanian law, there are three key criteria that affect how a crime is classified:
- Severity of the act
- Crimes with minimal harm or social danger are treated more leniently.
- Serious acts of violence, corruption, or financial fraud are treated as high-severity crimes.
- Type of penalty provided by law
- Crimes punishable by fine or imprisonment up to 2 years are often considered “minor.”
- Crimes punishable by 3 years or more of prison are typically serious offenses.
- Repeat offenses or aggravating circumstances
- Repeat offenders may face harsher categorization and sentencing.
Examples of Minor vs. Serious Crimes (Misdemeanors vs. Felonies) in Romanian Law
| Offense | Penalty | Classification (Approx.) |
|---|---|---|
| Petty theft (under 1,000 RON) | Fine or up to 1 year | Minor (misdemeanor-like) |
| Driving without a license | 1–5 years imprisonment | Serious |
| Assault resulting in injury | 6 months – 5 years | Moderate to serious |
| Tax evasion (large amounts) | 2–10 years | Serious (felony-like) |
| Domestic violence with injury | 1–10 years | Serious |
| Drug trafficking | 2–15 years | Very serious |
Why the Distinction Matters
Understanding the classification impacts:
- Pretrial measures – More serious crimes may lead to preventive arrest.
- Access to alternative solutions – Minor offenses may be resolved through plea bargains or deferred prosecution.
- Statute of limitations – Serious crimes have longer periods before the state loses the right to prosecute.
- Criminal record implications – A felony-equivalent conviction will have greater long-term consequences, including for employment or immigration.
Legal Defenses and Mitigation
Regardless of whether you’re accused of a minor or serious offense, Romanian law guarantees your rights:
- Right to legal counsel
- Right to remain silent
- Right to an interpreter (for foreigners)
- Right to challenge evidence and present a defense
A skilled criminal defense lawyer can:
- Help reduce charges to a lesser offense
- Seek alternatives like suspended sentences or fines
- Prevent wrongful classification of a minor act as a serious one
Conclusion
While Romanian law doesn’t directly label crimes as misdemeanors or felonies, it does create a clear hierarchy of offenses based on their seriousness and consequences. If you’re facing criminal charges, especially as a foreigner, understanding where your case fits into this system—and working with an experienced lawyer—can make a crucial difference in outcome and impact.
If you need additional information on this matter, you can contact us and we will be glad to help.