Stages of the criminal process in Romania | Buju, Stanciu & Associates

Criminal proceedings in Romania are a complex mechanism, governed by the Criminal Procedure Code and by the principles of the rule of law. Their role is to ensure that those who break the criminal law are held to account and, at the same time, to protect the fundamental rights of all parties involved. For many people, the entire course of a criminal case can seem complicated and hard to follow. Explained in plain terms, however, criminal proceedings follow clearly defined stages.

The law firm Buju, Stanciu & Associates has extensive experience in criminal law, representing clients in highly complex cases, from economic and financial offences to cases of violence or corruption. From this practical standpoint, we can explain each stage of criminal proceedings in a clear and accessible manner, together with the importance of specialist legal assistance.

The fundamental principles of criminal proceedings

Before looking at the stages, it is important to understand that the whole mechanism of criminal proceedings rests on the fundamental principles of criminal proceedings. The most important of these include:

Legality - no person may be held criminally liable other than under the conditions and in the forms provided by law.
The right to a defence - the defendant has the right to be assisted by a lawyer throughout the proceedings.
Presence of the parties - each party must have the opportunity to take part and to put forward its point of view.
Public hearings - for transparency and fairness.
Equality of arms - the prosecution and the defence must have equal opportunities before the court.

These principles are essential in guaranteeing a fair trial and form the foundation on which all stages of criminal procedure are conducted.

1. Criminal investigation

The first stage is the criminal investigation, carried out by the criminal investigation bodies (police officers, prosecutors). The purpose of this phase is to gather the evidence needed to establish whether a person has committed an offence.

It all begins with the filing of a criminal complaint or with an ex officio referral.
Next comes the gathering of evidence: witness statements, expert reports, searches, seizure of documents.
If there are sufficient indications, the person concerned becomes inculpat.
The prosecutor plays the central role: it is the prosecutor who decides whether to send the case to trial or to close it.

At this stage, the lawyer's role is to ensure that the rights of the person under investigation are observed, to attend interviews and to file applications or objections. In our experience, the early involvement of a lawyer can decisively influence the course of a case.

2. Preliminary chamber

Once the investigation has been completed and the indictment drawn up, the file is sent to the court. Next comes the preliminary chamber, a stage introduced in order to verify the lawfulness of the evidence and of the investigative acts.

The judge examines whether the evidence was obtained lawfully.
Verifies that the defendant's constitutional rights have been observed.
May exclude evidence obtained in breach of the law.

This stage acts as a filter intended to prevent cases based on unlawful evidence from going to trial. The lawyer's role is essential here, as he or she may raise objections and seek the exclusion of unlawful evidence.

3. Trial

The most visible part of criminal proceedings is the judecata. stage. It takes place before the court of first instance and involves:

Reading of the act of referral (the indictment).
Taking of evidence: questioning of the defendant, witnesses and victims, expert reports, documents.
Submissions by the prosecution and the defence.

At the end of this stage, the court hands down a judgment, which may be one of condamnare, achitare sau termination of the criminal proceedings.

An important point is that, at this stage, the civil action within the criminal proceedings, may also be pursued, whereby the injured party claims damages for the loss suffered as a result of the offence. The court therefore determines not only guilt, but also civil liability.

Our lawyers have assisted numerous injured parties in bringing civil actions, obtaining substantial damages, as well as defendants in defending against unfounded claims.

4. Appeal in criminal proceedings

The judgment handed down by the court of first instance is not final. The dissatisfied party has the right to lodge an appeal in criminal proceedings, which means that the case is re-examined by a higher court.

The court of appeal may review both points of law and points of fact.
It may decide to uphold, vary or set aside the judgment of the first-instance court.
An appeal is an additional safeguard for the correctness of the administration of justice.

In the experience of Buju, Stanciu & Asociatii, the appeal is often the decisive moment in the resolution of a case. That is why the legal strategy must be devised as early as the first-instance stage, so that it can be carried forward effectively on appeal.

5. Extraordinary means of appeal

In exceptional circumstances, the law also provides other review mechanisms:

Recursul in casatie (appeal on points of law) - reviews whether the judgment complies with the law.
Contestatia in anulare (application to set aside) - for serious procedural defects.
Revizuirea (revision) - where new evidence or facts come to light.

These remedies are used less frequently, but they can have a major impact. They call for in-depth legal analysis and practical experience in criminal law.

6. Enforcement of the sentence and conditional release

If the judgment becomes final, the next stage is enforcement of the sentence. This may mean deprivation of liberty, a criminal fine or other alternative measures.

An important consideration is the possibility of conditional release, where the convicted person has served a significant part of the sentence and has displayed appropriate conduct.

The most common offences giving rise to criminal proceedings

In the practice of the criminal investigation bodies, there are a number of offences that appear frequently in criminal files, whether arising from interpersonal conflicts, breaches of the rules of social conduct, or the commission of economic or road traffic offences. These offences cover a wide range of unlawful conduct, from violent and property offences to offences committed in the course of duty, forgery and matters relating to road traffic.

The most common offences giving rise to criminal proceedings:

Robbery - theft committed by violence, threat or by placing the victim in a position where they are unable to defend themselves
Theft - the unlawful appropriation of movable property belonging to another
Assault or other acts of violencee - physical aggression causing suffering or minor injuries
Bodily harm through negligence - injuring a person through imprudence or negligence (frequently in road accidents)
Bodily harm - more serious injuries inflicted intentionally
Threatening behaviour - causing a state of fear by promising to commit a harmful act
Fraud - misleading a person in order to obtain an unjust financial advantage
Abuse of office - breach of official duties resulting in loss or the obtaining of an undue advantage
Embezzlement - the unlawful appropriation or use of assets managed in the course of duty
Driving a vehicle under the influence of alcohol or drugs - a frequently encountered road traffic offence
Driving without a licence - driving a motor vehicle without legal entitlement
Use of forged documents - using a false document to produce legal effects
Forgery of documents - altering or creating documents that do not reflect reality
Money laundering - concealing the unlawful origin of sums of money or assets
Tax evasion - evading the payment of tax obligations owed to the State

The role of the lawyer in criminal proceedings

Throughout the proceedings, the criminal defence lawyer plays a fundamental role:

Advising the client and explaining their procedural rights.
Ensuring compliance with the fundamental principles of criminal procedure.
Formulating defences, proposing evidence and raising objections.
Representing the client before the judicial authorities and the court.

At Buju, Stanciu & Asociatii, our experience in complex criminal cases enables us to provide a defence tailored to each set of facts, as well as strategic advice, so that our clients benefit from a fair and equitable trial.

Conclusion

Criminal proceedings in Romania follow clearly defined stages: the criminal investigation, the preliminary chamber, the trial, the appeal in criminal proceedings, any extraordinary remedies and the enforcement of the sentence. All of these are governed by the fundamental principles of criminal proceedings, which are intended to strike a balance between establishing the truth and upholding human rights.

Moreover, the assistance of an experienced lawyer, able to handle both the civil action within criminal proceedings, and the defence at the appeal or second appeal stage, can make the decisive difference between a favourable and an unfavourable outcome.

The law firm Buju, Stanciu & Associates remains a trusted partner for all those facing criminal proceedings. Our professionalism, commitment and accumulated experience in criminal law guarantee a solid defence and representation of the highest quality.