Criminal Appeals in Romania

Don't agree with the criminal judgment in your case? I assist and represent you in challenging it, and I keep a close eye on the short filing deadlines.

Lawyer, Cluj Bar · Updated · Read this page in Romanian

In short

The appeal (apel) is the main remedy (cale de atac) against a criminal judgment and is filed within 10 days of service of the judgment or of the copy of the minute (minuta) (art. 410(1) of the Code of Criminal Procedure, Codul de procedură penală). A challenge (contestație), which you use only where the law expressly provides for it, is filed within 3 days of service (for the prosecutor, of pronouncement). If a serious reason prevented you from filing in time, you have 10 days from when it ends.

If you don’t agree with the judgment in your case, the law gives you a few remedies, and the deadlines are short. An appeal can cover both the criminal side and the civil side.

Filing deadlines

An appeal must be filed within 10 days of the judgment being communicated or, depending on the case, of the copy of the minute of the ruling being communicated (art. 410(1) of the Code of Criminal Procedure). A challenge must be filed within 3 days of the pronouncement or communication. If a serious reason prevented you from filing in time, the remedy can still be filed within 10 days of that reason ending.

Extraordinary remedies

Extraordinary remedies (căi extraordinare de atac) can be used against final judgments: the challenge for annulment (contestația în anulare), the appeal in cassation (recursul în casație), revision (revizuirea) and the reopening of criminal proceedings where the convicted person was tried in their absence. Each has its own conditions and deadlines.

The first things I look at are the deadlines and the form of the filing. If you don’t file the remedy in time, you can lose the right to challenge the court’s decision for good.

How can I help?

I assist you in challenging judgments you consider unlawful or unfounded, and I keep a close eye on the strict filing deadlines. I analyse the judgment, identify the grounds of appeal and represent you before the higher court. I know a judgment like this is discouraging, but it’s worth seeing what options you still have. Send me the judgment and I’ll call you.

Frequently asked questions

What remedies do I have?
It depends on the judgment, but usually it's the appeal, the main remedy in criminal matters.

An appeal can be filed against first-instance criminal judgments, and against rulings (încheieri) only where the law says they can be challenged separately. It concerns how the trial court decided the case at first instance, and it can cover both the criminal side and the civil side, depending on who files it and in what capacity.

The other remedy is the challenge, which you can use only where the law expressly provides for it. Send me the judgment and I'll tell you which remedy you have.
How long do I have to file an appeal?
The deadlines are short, so it's worth checking the date of service straight away. An appeal is filed within 10 days of the judgment being communicated, when the decision resolves both the criminal action and the civil action in the case. In other cases, the deadline runs from the date the copy of the minute of the ruling is communicated (art. 410(1) of the Code of Criminal Procedure).

A challenge is filed within 3 days, counted from the pronouncement for the prosecutor and from service for everyone else.

If the appeal or the challenge isn't filed within the legal deadline, but a serious reason prevented it and the remedy is filed within 10 days of that reason ending, it's treated as filed in time. If you're not sure when the deadline started, write to me today.
What extraordinary remedies are available to me?
They're for rarer situations. Extraordinary remedies can be used only against final judgments and only in the cases expressly provided by law. They are the challenge for annulment, the appeal in cassation, revision and the reopening of criminal proceedings where the convicted person was tried in their absence.

Each has its own conditions, deadlines, procedure and possible outcomes. If you're thinking about one of them, send me the judgment and I'll tell you honestly whether it's worth trying.
How can a lawyer help me at the appeal stage?
The first thing I look at is the deadline. If you don't file the remedy in time, whether ordinary or extraordinary, you can lose the right to challenge the court's decision and you're left with the consequences of the judgment.

Then I read the judgment, look for the grounds of appeal and draft the application in the form the law requires. Write to me as soon as you receive the judgment.

Received a criminal judgment?

Whether you’re a suspect or a defendant, an injured party or a civil party, or you’ve been called as a witness, tell me what’s happening as early as you can and we’ll go through your rights and the next steps.

  1. Send me a few lines about your situation.
  2. I read them and call you.
  3. I tell you what your options are.

Everything you send me is covered by professional secrecy.

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