Being under investigation for a criminal offense in Romania does not always mean you will be detained or arrested. However, even if you are not in custody, the authorities may impose restrictions on your movement—including the prohibition to leave the country.
This article explains when and why travel restrictions may be imposed during a criminal investigation in Romania, your rights as a suspect, and what you can do if you want to challenge such a measure.
Can You Leave Romania While Under Investigation?
In short: not always. If you are being investigated for a crime, the authorities may impose preventive measures (măsuri preventive) to ensure that the investigation is not obstructed and that you will be available for court proceedings.
One of these measures is judicial control (control judiciar), which often includes a ban on leaving the country or even the locality.
What Is Judicial Control (Control Judiciar)?
Judicial control is a non-custodial preventive measure ordered by a prosecutor or a judge when there’s no need for pre-trial detention, but the suspect’s behavior still needs to be monitored.
Judicial control can last up to 60 days, with the possibility of extension.
Common obligations under judicial control may include:
- Prohibition from leaving the country or a specific geographic area.
- Obligation to report regularly to the police.
- Prohibition from contacting victims, witnesses, or other suspects.
- Obligation to appear before judicial authorities when summoned.
Failure to comply may lead to stricter measures, such as house arrest or preventive arrest.
Who Can Impose Travel Restrictions?
The travel restriction can be imposed by:
- The prosecutor, during the investigation phase.
- The judge, if the prosecutor requests it or if a judicial review is required.
The decision must be justified, and the accused must be informed in writing of the restrictions and their rights.
Can Foreign Citizens Be Subject to Travel Restrictions?
Yes. If you are a foreign citizen involved in a criminal investigation in Romania, the authorities may restrict your ability to leave the country to ensure your availability for legal proceedings.
In fact, courts are more likely to impose this restriction on foreign nationals, particularly if:
- The alleged offense is serious.
- You do not have a permanent residence or ties in Romania.
- There is a risk you may not return for trial.
How Do You Know If a Travel Ban Is Imposed?
If a travel restriction is imposed, you will receive an official order outlining:
- The duration of the measure.
- The obligations you must follow.
- The legal remedies available to challenge the measure.
You can also check your judicial status through your lawyer or by contacting the relevant prosecutor’s office.
Can You Challenge Travel Restrictions?
Yes. Travel restrictions under judicial control or other preventive measures can be contested in court.
- The initial challenge is usually submitted to the judge of rights and liberties (judecătorul de drepturi și libertăți).
- You can also request a modification or lifting of the measure later, if circumstances change (e.g., medical emergencies, family issues, business needs).
- If your request is denied, you may appeal the decision within legal time limits.
Are You Automatically Banned from Traveling If Investigated?
No. Travel restrictions are not automatic. In many minor cases or when the accused cooperates, authorities may choose not to restrict movement at all.
Whether or not a travel ban is imposed depends on:
- The severity of the alleged offense.
- Your personal circumstances (citizenship, ties to Romania).
- The risk of flight, tampering with evidence, or reoffending.
What Happens If You Leave Romania Despite the Ban?
Violating a travel restriction is considered a breach of judicial control, which can lead to:
- Revocation of judicial control.
- House arrest or pre-trial detention.
- Additional charges for failing to respect a court order.
Border police may also stop you from exiting the country if your name is flagged in their systems due to a pending travel restriction.
Conclusion
If you are under investigation in Romania, travel may be restricted depending on your case. While being accused of a crime doesn’t automatically ban you from leaving the country, authorities can—and often do—impose such measures, especially for foreign nationals.
If you are unsure about your right to travel or are facing a travel ban, consult a qualified criminal defense lawyer in Romania. They can explain your legal status, help you challenge unjust restrictions, and protect your rights throughout the investigation.
Do you need more information about this topic? Contact us and we will be glad to help.