Being the subject of a criminal investigation can be intimidating — especially if you’re unfamiliar with the Romanian legal system. Whether you’re a suspect, defendant, or simply called in for questioning, it’s crucial to understand your legal rights from the very beginning.
In Romania, the Code of Criminal Procedure outlines clear protections for individuals under investigation. Here’s what you need to know.
What Is a Criminal Investigation?
The criminal investigation (urmărirea penală) is the first phase of a criminal proceeding. It’s conducted by the police or prosecutor (Parchet) and aims to:
- Gather evidence;
- Identify suspects;
- Establish whether a crime has been committed;
- Decide whether to send the case to trial or close it.
This stage can involve interrogations, searches, surveillance, expert reports, and other evidence-gathering procedures.
Key Legal Rights You Have
Here are the most important rights you hold under Romanian law:
1. Right to a Lawyer
From the very first moment you’re treated as a suspect, you have the right to:
- Be informed of your right to legal counsel;
- Have a lawyer present during questioning;
- Request a court-appointed lawyer if you cannot afford one.
Never give a statement without a lawyer. Anything you say can and will be used against you.
2. Right to Remain Silent
You are not obligated to answer any questions. Silence cannot be used as proof of guilt.
This applies during:
- Police interrogations;
- Hearings before a prosecutor;
- Any procedural act involving you as a suspect or defendant.
3. Right to Be Informed
You must be clearly informed about:
- The charges or suspicions against you;
- Your procedural rights;
- The evidence being collected, especially once you’re officially charged.
The information must be communicated in a language you understand, with an interpreter provided if needed.
4. Right to Participate in Key Procedures
Your lawyer (or you, in some cases) has the right to be present during:
- Searches;
- Technical surveillance (e.g., wiretapping notifications);
- Interrogations of witnesses or co-defendants that affect your case;
- Reconstructions or line-ups.
5. Right to Access the Case File
Once you are formally charged (pus sub urmărire penală), you and your lawyer can request access to the file to review:
- Evidence;
- Witness statements;
- Expert reports;
- Procedural acts.
Some access may be delayed if disclosure could compromise the investigation.
6. Right to Freedom of Movement — With Limits
In some cases, prosecutors may impose travel restrictions, such as:
- Judicial control (control judiciar);
- House arrest (arest la domiciliu);
- Preventive detention.
These measures require judicial approval and can be challenged in court.
7. Right to an Interpreter
Foreign nationals have the right to:
- Receive translations of procedural documents;
- Have an interpreter present at every procedural act;
- Understand the charges and evidence.
This is a constitutional right — and critical for a fair investigation.
What If Your Legal Rights Are Violated?
If your rights are not respected during the criminal investigation, your lawyer can:
- Challenge the legality of the evidence;
- File complaints or exceptions during trial;
- Request exclusion of evidence obtained improperly.
Procedural irregularities can even lead to case dismissal in some circumstances.
Why Legal Guidance Is Essential in Protecting Your Legal Rights
Whether you’re guilty or innocent, the criminal investigation is where your case is built. Having a defense lawyer from the start ensures that:
- Your rights are respected;
- You don’t make self-incriminating mistakes;
- You are actively defending yourself — not just reacting.
Conclusion
The criminal investigation is not a formality — it’s the foundation of your legal future. Knowing and exercising your rights during this stage can dramatically influence the outcome of your case.