Criminal Trial in Romania

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

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

In short

The trial (judecată) is the stage in which the court tries the case, usually at its premises and in the presence of the defendant (inculpat). A defendant under arrest must be brought to court, and one who is absent without good reason, although lawfully summoned, can be tried in their absence (art. 364(1) and (3) of the Code of Criminal Procedure, Codul de procedură penală). The trial ends with a judgment of conviction (condamnare), acquittal (achitare) or termination of the criminal proceedings (încetarea procesului penal).

If your case has reached court, you’re at the trial stage. I explain each step to you before it happens.

How a court hearing works

Hearings take place at the court’s premises and are governed by the principles of orality, immediacy, adversarial proceedings and public hearings. The trial takes place in the presence of the defendant, and a defendant under arrest must be brought to court (art. 364(1) of the Code of Criminal Procedure). A defendant who is absent without good reason, although lawfully summoned, can be tried in their absence (art. 364(3)), and any defendant, including one under arrest, can ask in writing to be tried in their absence, represented by a lawyer (art. 364(4)).

The defendant’s rights at this stage are those in art. 83 of the Code of Criminal Procedure. They include the right to be assisted by a lawyer, the right to raise objections and make submissions, and the right to be tried under the simplified procedure (procedura simplificată) when the conditions set by law are met.

What the court can decide

The trial ends with a judgment, which can order conviction, acquittal or the termination of the criminal proceedings, depending on the evidence taken. The judgment can be challenged; see appealing the judgment. The court also decides the civil side of the case, which means it can grant or reject the claim for compensation.

At this stage I prepare the defence based on the file, propose evidence, come with you to every hearing and plead your case before the court.

How can I help?

I assist and represent you at the trial stage. I go through the evidence, we build together the defence that fits your case, and I make sure all your procedural safeguards are respected. Write to me and we’ll look at the file together.

Frequently asked questions

What is the trial stage?
It's the stage where the court actually tries the case. At trial, the court decides the case brought before it, respecting the rights of everyone involved (defendant, civil party, witnesses and others) and taking the evidence needed to clarify all the circumstances of the case, so that the truth can be established, in full compliance with the law. Write to me and we'll look at the file together.
How does a court hearing work?
There are a few fixed rules, and the law makes few exceptions to them.

As a general rule, hearings take place only at the court's premises, and they're governed by the principles of orality, immediacy, adversarial proceedings and public hearings.

The trial takes place in the presence of the defendant, and if you're under arrest, you must be brought to court (art. 364(1) of the Code of Criminal Procedure). If you're at liberty and you're absent without good reason, although you were lawfully summoned, the trial can go ahead without you (art. 364(3)). You can also ask in writing to be tried in your absence, represented by your chosen or court-appointed lawyer, even if you're under arrest (art. 364(4)). I'll tell you beforehand what to expect.
What are my rights at this stage?
Broadly, you have the same rights as during the criminal investigation, those in art. 83 of the Code of Criminal Procedure. Among them: the right to be assisted by a lawyer, chosen or court-appointed where legal assistance is mandatory, the right to be told what act you're being tried for, the right to raise objections and make submissions, and the right to be tried under the simplified procedure when the conditions set by law are met. We'll look together at whether the simplified procedure fits your case.
How does the trial end?
With a judgment, once all the evidence needed to establish the truth has been taken. The court can order the defendant's conviction to a criminal sanction, where all the conditions for criminal liability are met. It can order the defendant's acquittal, where the act doesn't exist, isn't provided for by criminal law or wasn't committed with the form of guilt required by law, where there's no evidence that the defendant committed the offence, or where there's a justifying cause or a cause of non-imputability. Or it can order the termination of the criminal proceedings, where another ground in art. 16(1)(d) to (j) of the Code of Criminal Procedure applies.

Alongside the criminal side, and depending on how it decides it, the court also decides the civil side of the case. It can grant the claim for compensation (material damages, non-pecuniary damages or both), reject it or leave it undecided. I'll explain what each outcome means for you.
How can a lawyer help me at this stage?
I know the courtroom is intimidating. I read the whole file, explain the evidence to you and together we build the defence that fits your situation. I come with you to every hearing and tell you beforehand what's next. Write to me when you get the summons and we'll prepare in good time.

Received a court 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.

How would you like me to contact you?

Attach documents (optional)

    or
    WhatsApp Call 0790 716 125

    I reply within an hour. I'll reply today from 9 am.I'll reply first thing tomorrow morning.I'll reply first thing on Monday morning.I'll reply first thing on the next working day.

    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.

    Criminal investigation

    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.

    Preliminary chamber

    I assist and represent you at the preliminary chamber stage.

    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.
    Call me WhatsApp