What to do if under criminal prosecution | Buju, Stanciu & Asociații

In everyone's life there are difficult and unforeseeable moments that can change the course of events, and being faced with a criminal investigation is one of them. With all its complex legal implications, this process can be overwhelming and confusing for those involved. Against this background, it is essential to understand the correct steps to take and to have the right information in order to deal with the situation effectively.

What is a criminal investigation?

A criminal investigation is the legal process by which the judicial authorities investigate and gather evidence concerning the commission of an offence. Its purpose is to bring before the courts those suspected of having committed a criminal act, thereby ensuring that the law is observed and that the guilty are punished.

Prosecutors and law enforcement are involved in this crucial stage of the judicial system. During the criminal investigation, in-depth enquiries are carried out to gather relevant information, including witness statements, evidence and documents, intended either to support the charges or to give the defence the opportunity to rebut them.

It is important to stress that the opening of a criminal investigation does not automatically mean guilt. The alleged offender benefits from the presumption of innocence until proven otherwise in court. Below, we set out the steps you should take when you are under criminal investigation, bearing in mind this fundamental premise

Which are the criminal investigation bodies?

Under the provisions of the Codul de Procedură Penală (Code of Criminal Procedure), the criminal investigation bodies comprise several specialised entities, each with clearly defined roles in the process of investigating and gathering evidence. According to the CPP, these bodies are:

The prosecutor: Primarily responsible for conducting criminal investigations. The prosecutor decides whether there is sufficient evidence to open a criminal investigation and takes on the task of bringing the charges before the court.

The criminal investigation bodies of the judicial police: These include police officers specialising in criminal investigations. They carry out preliminary enquiries, gather evidence and work closely with the prosecutor throughout the investigation.

Special criminal investigation bodies: In certain cases, investigations may be taken over by specialised bodies such as the Direcția Națională Anticorupție (DNA) (National Anticorruption Directorate) or other specialised structures, depending on the nature of the alleged offences.

What does an in rem criminal investigation mean?

An in rem criminal investigation is a distinct stage of the judicial process, in which the investigating authorities focus solely on investigating the offence itself, without considering, at that point, the identity or the liability of any particular person for its commission.

This approach is used in particular where there is limited or uncertain information as to the identity of the alleged offender, or where the authorities wish to obtain a clear picture of the nature and circumstances of the offence before focusing on identifying and prosecuting a specific suspect.

Notifying the criminal investigation bodies

In the judicial system, the setting in motion of criminal proceedings and the opening of a criminal investigation may be triggered in several ways, one of which is notifying the criminal investigation bodies. This stage is the point at which the competent authorities are informed of the commission of an alleged offence and are called upon to begin the relevant enquiries.

Ways of notification:

Complaint or report: Injured persons or witnesses may notify the criminal investigation bodies by way of a complaint or a report. These documents must contain detailed information about the alleged offence and the persons involved.
Documents drawn up by other fact-finding bodies: Other authorities or institutions provided for by law may draw up fact-finding documents concerning the commission of an offence and may forward that information to the criminal investigation bodies for further enquiries.
Ex officio notification: In some cases, the criminal investigation bodies may act of their own motion, without the need for a complaint or report, in particular where there are serious indications that an offence has been committed.

Conditions for opening a criminal investigation:

Under the law, the opening of a criminal investigation may be subject to certain legal requirements, such as:

Prior complaint by the injured person: In certain cases, criminal proceedings may be set in motion only at the prior request of the injured person.
Notification by the person provided for by law: In some situations, only certain persons provided for by law are entitled to file notifications for the opening of a criminal investigation.
Request for criminal investigation by the competent authority: The authorities competent in certain fields may request that a criminal investigation be opened in respect of particular offences.
Authorisation by the body provided for by law: In some cases, a criminal investigation may be opened only with the authorisation of a body provided for by law.

It should be borne in mind that, under these legal provisions, a criminal investigation cannot be opened in the absence of one or more of these conditions.

Notifying the criminal investigation bodies is therefore the first step towards bringing alleged offences before the courts and setting the relevant judicial procedures in motion. This essential stage is governed by strict legal rules and standards, which must be complied with in order to ensure fair and equitable criminal proceedings.

Why do you need a lawyer during a criminal investigation?

When facing a criminal investigation, involving a lawyer specialising in criminal law is essential and brings considerable benefits to the person under accusation. Here are a few reasons why having a lawyer during criminal proceedings is crucial:

Protection of Individual Rights: Translation: A lawyer's role is to ensure that your fundamental rights are respected throughout the criminal proceedings. He or she will guide you on how to answer questions, provide information and act within the law.

Specialist Legal Expertise: Lawyers have extensive knowledge of the law and of court procedure. That expertise allows them to review the evidence, identify any breaches of legal procedure and develop effective strategies for your defence.

Negotiation and Case Preparation: A lawyer is able to negotiate with the prosecutor and the court in order to secure more favourable terms. He or she will also make a significant contribution to preparing and presenting your case before the court.

Preventing Abuses: With a lawyer at your side, you stand a far better chance of avoiding abuses or breaches of your rights. A lawyer can intervene where procedures are improper and can ask the court to put them right.

Correcting Possible Errors: Lawyers can identify and challenge any errors or abuses that might affect the likelihood of an acquittal or of a lighter sentence.

To make sure that your rights are protected and that you have competent legal representation in a criminal investigation, turn with confidence to the team of professionals at Buju Stanciu & Associates.