If you’ve been charged with a crime in Romania and cannot afford legal representation, you may be entitled to a public defender (avocat din oficiu). But what exactly is their role, and how does it compare to hiring a private lawyer?
In this article, we’ll explain the duties of public defenders in Romania, when they are assigned, and whether relying on one is the right choice for your situation.
What Is a Public Defender in Romania?
A public defender in Romania is a licensed attorney appointed by the Bar Association at the request of the court, prosecutor, or police, to represent someone who:
- Cannot afford a lawyer, or
- Has not hired a lawyer despite being entitled (or required) to legal counsel.
This is a constitutional right — anyone facing serious criminal charges has the right to defense, and the Romanian state ensures that no one is left unrepresented.
When Do You Get a Public Defender?
Public defenders are typically appointed in:
- Criminal cases where legal defense is mandatory, such as:
- When the defendant is a minor;
- When the potential punishment exceeds 5 years of imprisonment;
- When the defendant is under arrest or in detention;
- At the request of the defendant, if they cannot afford a private lawyer;
- When a person fails to hire a lawyer in time and the procedure must move forward.
You cannot choose your public defender — they are randomly appointed from a registry of eligible attorneys.
Duties of a Public Defender in Romania
A public defender must:
- Defend the client’s rights in all procedural stages;
- Advise on plea deals, statements, and strategy;
- Challenge evidence, raise objections, and make motions;
- Attend hearings, interrogations, and pre-trial measures;
- File appeals or other remedies if needed.
They have the same legal obligations and access to case files as a privately hired attorney.
Limitations and Concerns
While many public defenders in Romania are competent and committed, there are several limitations to consider:
- High caseloads: Some court-appointed lawyers handle multiple cases at once and may have limited time.
- Lower incentives: Fees paid by the state are modest, which can affect motivation or depth of preparation.
- No prior relationship: You don’t choose your public defender and might meet them just before a key hearing.
These factors can sometimes lead to a more passive defense compared to a privately retained lawyer who has time and resources to focus on your case.
Should You Rely on a Public Defender?
Yes, if:
- You cannot afford legal representation;
- The case is relatively straightforward;
- You’re in pre-trial detention and urgently need a lawyer.
But consider hiring a private lawyer if:
- Your case is complex (white-collar crime, international elements, high media interest);
- You need close communication and personalized strategy;
- You want to challenge evidence or fight charges actively;
- You’re a foreign national needing language support and procedural guidance.
In high-stakes criminal cases, investing in specialized legal representation can make a significant difference.
For Foreign Citizens
Foreigners charged or investigated in Romania are also entitled to a public defender, but:
- Communication may be a challenge — interpreters are required but not always ideal for complex legal strategy.
- A private bilingual lawyer can offer better coordination, cultural understanding, and direct communication with your family or embassy.
Conclusion
Public defenders in Romania play a crucial role in ensuring access to justice, especially for vulnerable or low-income individuals. They are qualified and licensed professionals — but systemic constraints mean they may not always be able to offer the depth of defense that a private lawyer can provide.
Whenever possible, consult with an experienced defense attorney to assess your options. In legal matters, especially criminal ones, the quality of your defense can change the outcome of your life.