Criminal Investigation in Romania

If you've been called in by the police or the prosecutor's office, you don't have to go alone. I assist and represent you during the criminal investigation, from your first questioning.

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

In short

The criminal investigation (urmărire penală) is the first stage of the criminal proceedings, in which evidence about the offence and those who committed it is gathered. Depending on the evidence, you may be an alleged perpetrator (făptuitor), a suspect or a defendant (inculpat), and suspects and defendants have the right to remain silent and to a lawyer, chosen or court-appointed (art. 83 of the Code of Criminal Procedure, Codul de procedură penală). At the end, the prosecutor can send the case to trial, close it or waive the criminal investigation.

If you’ve been called in by the police or the prosecutor’s office in a criminal case, the case is usually at the criminal investigation stage.

Your status in the case and your rights

During the criminal investigation, a person can be the alleged perpetrator, a suspect or a defendant, depending on how far the evidence has got. Suspects and defendants have the rights set out in art. 83 of the Code of Criminal Procedure. Among them: the right to remain silent, the right to be informed of the act they’re being investigated for, the right to a lawyer of their choice or a court-appointed one, and the right to consult the file and to propose evidence.

How the criminal investigation ends

At the end of the criminal investigation, the prosecutor (procuror) can order: sending the case to trial by issuing an indictment (rechizitoriu), closing the case (clasare) or waiving the criminal investigation (renunțare la urmărirea penală).

At this stage I come with you to questioning, ask for the documents in the file, make requests and file complaints, and make sure your procedural rights are respected at every step.

How can I help?

I assist and represent you from the criminal investigation stage onwards, because that’s when the evidence is gathered, and I believe that’s where the defence is prepared. I analyse each step of the investigation, explain your rights and make the requests and defence arguments that fit your case. Send me the summons or a photo of it and I’ll call you.

Frequently asked questions

What is a criminal investigation?
It's the first stage of the criminal proceedings. The purpose of the criminal investigation is to gather the evidence needed to establish whether an offence exists, to identify the people who committed it and to determine their liability, so that it can be decided whether or not the case should be sent to trial. If you've received a summons at this stage, write to me and I'll tell you what happens next.
What is my status at this stage of the proceedings?
It depends on how far the evidence has got. As long as the criminal investigation is conducted in rem, into the act itself, and no indications have been gathered that a particular person committed it, you're referred to as the alleged perpetrator. If the evidence gives rise to a suspicion that you committed the act, you become a suspect.

When criminal action is brought, because there's evidence giving rise to a reasonable presumption that you committed the offence and nothing prevents criminal action from being brought or pursued, you become a defendant. Not sure what your status is? Send me the summons and I'll tell you.
What are my rights at this stage?
As a suspect or as a defendant you have the same rights, those in art. 83 of the Code of Criminal Procedure.

Among them: the right to remain silent, making no statement and suffering no negative consequence for it, the right to be informed of the act you're being investigated for, the right to a lawyer of your choice, or to a court-appointed one where legal assistance is mandatory, the right to consult the case file, and the right to propose evidence, raise objections and make submissions.

If you're called in for questioning, I think it's worth us talking before you give any statement.
How does a criminal investigation end?
When the investigation is over, the criminal investigation body (organ de cercetare penală) sends the file to the prosecutor, together with a report setting out, with reasons, how it proposes the case should be resolved.

The prosecutor can order sending the case to trial, by issuing an indictment, or, by an order, closing the case or waiving the criminal investigation. If you've received one of these decisions, send it to me and I'll tell you what happens next.
How can a lawyer help me during the criminal investigation?
I know a summons from the police is frightening, especially the first time. I assist you at questioning, explain beforehand what's going to happen and make sure your rights are respected at every stage, from questioning through the preliminary chamber to the trial and the appeals. Write to me as soon as you get the summons and we'll prepare together.

Received a police summons?

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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    See also

    Criminal law

    Have you been summoned by the police or the prosecutor's office, taken into police custody, or are you the victim of a crime? I assist you as a suspect, defendant, injured party or civil party, from your first questioning to the appeal.

    Preliminary chamber

    I assist and represent you at the preliminary chamber stage.

    Trial

    Has your case reached court? I assist and represent you at the trial stage, at every hearing.

    Appeals

    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.

    Injured parties and civil parties

    Have you been the victim of a crime? I assist and represent you as an injured party or a civil party.

    Preventive measures

    Preventive measures and how to challenge them.

    Criminal driving offences

    Stopped by the police and now facing a criminal case for drink-driving, driving without a licence, refusing to give samples or leaving the scene of an accident? I'll tell you what comes next at every step, what your options are and what happens to your licence, and I'll come with you when you're questioned.

    Criminal complaint

    Has something happened to you that you want to turn into a criminal case? I write your complaint, file it in the right place, keep track of the 3-month deadline where the law sets one, and join the case on your behalf as a civil party, so you can claim compensation for your loss.
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