The Preliminary Chamber in Romania

I assist and represent you at the preliminary chamber stage.

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

In short

In the preliminary chamber (camera preliminară), the judge checks jurisdiction and the lawfulness of the referral to the court, of how the evidence was gathered and of the acts carried out by the criminal investigation bodies, within no more than 60 days of the case being registered with the court. A challenge (contestație) against the ruling can be filed within 3 days of service.

The preliminary chamber is an intermediate stage between the criminal investigation and the trial.

Rights and procedure

The defendant (inculpat) receives a certified copy of the indictment (rechizitoriu) and can make written requests and objections about the lawfulness of the referral to the court and of how the evidence was gathered. Where legal assistance is mandatory (a minor defendant, a defendant in detention, or a penalty of more than 5 years), the defendant is given a court-appointed lawyer (avocat din oficiu).

What the preliminary chamber judge can decide

The preliminary chamber judge (judecător de cameră preliminară) can order the trial to begin, exclude unlawfully gathered evidence or send the file back to the prosecutor’s office. A challenge against the judge’s ruling (încheiere) can be filed within 3 days of its communication.

The preliminary chamber is a largely technical stage. You need a criminal lawyer to spot any procedural irregularities.

How can I help?

I assist and represent you at the preliminary chamber stage, where the lawfulness of the indictment, of the evidence and of the acts of the criminal investigation is checked. I look for any irregularities and make the requests and objections that can strengthen your position before the trial.

Frequently asked questions

What is the preliminary chamber?
The preliminary chamber is an intermediate stage between the criminal investigation and the trial, in which jurisdiction and the lawfulness of the referral to the court are checked, along with the lawfulness of how the evidence was gathered and of the acts carried out by the criminal investigation bodies.

This stage lasts no more than 60 days from the date the case is registered with the court.
What are my rights and obligations at this stage?
At this stage, the defendant receives a certified copy of the indictment, is told that they can hire a lawyer and is given a deadline to make written requests and objections about the lawfulness of the referral to the court and the lawfulness of how the evidence was gathered and of the acts carried out by the criminal investigation bodies.

Legal assistance is mandatory, among other cases, when the defendant is a minor, when they're in police custody or under arrest, even in another case, and when the offence carries life imprisonment or more than 5 years' imprisonment (art. 90 of the Code of Criminal Procedure). In these cases, if the defendant hasn't chosen a lawyer, the judge asks for a court-appointed lawyer to be assigned (art. 91(1)).
What can the preliminary chamber judge decide?
When no objections have been raised and no requests made by the defendant, and the court hasn't raised any of its own motion, the court finds that the referral to the court, the gathering of evidence and the acts of the criminal investigation were lawful, and orders the trial to begin.

The court reaches the same decision, that the trial should begin, when it rejects the objections and requests, or when it finds irregularities in the indictment, excludes one or more pieces of evidence or declares certain acts null because the law was breached.

Where the indictment was issued by a prosecutor without jurisdiction over the subject matter or over the person, or wasn't drawn up properly, where the judge excludes all the evidence gathered during the criminal investigation, or where the prosecutor asks for the case to be returned, the preliminary chamber judge orders the file to be sent back to the prosecutor's office.
Can the ruling at this stage be challenged?
The prosecutor, the parties and the injured party can file a challenge against the ruling given in the preliminary chamber, within 3 days of its communication.

The challenge can also concern how the requests and objections were dealt with, where any were raised.
How can a lawyer help me in the preliminary chamber?
The preliminary chamber is a largely technical stage, in which objections are raised and requests are made that turn strictly on the rules of law. That's why you need a criminal lawyer, someone who knows which steps and details to watch, so that the trial isn't wrongly ordered to begin.

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