Being heard in a criminal case: practical advice

This article is for information purposes only and does not constitute legal advice. Concrete situations must be analysed individually together with a lawyer specialised in criminal law, who can assess the evidence and risks specific to your case.

1. Why is the hearing in a criminal case so important?

In any criminal case, the hearing – whether it takes place in front of the police officer, the prosecutor or, later, the judge – is a key moment. The statements you give at this stage can decisively influence:

how the prosecution reconstructs the facts;
the investigation strategy (what other evidence is collected, which other persons are heard, what expert reports are ordered);
the final outcome of the case (dropping of charges, waiver of prosecution, indictment, conviction, acquittal, etc.).

The criminal investigation has as its object the gathering of evidence on the existence of the offence, the identification of the person who committed it and the determination of that person’s criminal liability, while guaranteeing the procedural rights of the persons involved. This framework is regulated by the Romanian Code of Criminal Procedure (Law no. 135/2010).

It is also important to remember that the criminal investigation phase is, as a rule, non-public. This is not yet an open trial in a courtroom, but a phase in which evidence is collected and evaluated. For this reason, what you say (or choose not to say) during the hearing can have a major impact on the entire file.

If you want an overview of the duration and stages of a criminal file, you can also read: How long does it take to solve a criminal case?

2. In what capacity can you be heard and why does this matter?

In practice, you can be summoned for a hearing in several procedural capacities, each with its own rights and obligations:

suspect – the person in respect of whom the data and evidence in the case indicate a reasonable suspicion that they have committed an offence;
defendant (inculpat) – the person against whom criminal proceedings have been formally initiated;
injured person – the alleged victim of an offence;
civil party – the person who brings a civil claim (damages) within the criminal proceedings;
witness – the person called to state what they know about the facts under investigation.

These are not theoretical distinctions – they have very concrete consequences:

the suspect and the defendant have a right to remain silent and not to incriminate themselves;
the witness has, in principle, a duty to tell the truth, but also a right not to disclose facts that might incriminate themselves;
the injured person and the civil party may make applications, request evidence and have specific rights relating to the reparation of damage.

It is essential that you know in what capacity you are being summoned to the hearing. If this is not clear from the summons, phone call or message, it is perfectly legitimate to ask the prosecuting authority to clarify this or, ideally, to ask your lawyer to obtain this information for you.

A detailed discussion of when a person becomes a defendant and what rights they have can be found in the article: The status of defendant – what rights do I have?

3. The legal framework of the hearing: the Code of Criminal Procedure and European standards

3.1. Rights of the suspect and the defendant

The rights of the accused are set out in detail in the Romanian Code of Criminal Procedure, in particular in Articles 10 and 83, and in the provisions governing the hearing procedure.

The most important rights include:

the right to be informed about the charges and the legal classification of the offence;
the right of access to a lawyer, including the right to be assisted by a lawyer of your choice or one appointed ex officio and to consult with them confidentially;
the right not to make any statement (the right to remain silent) and not to incriminate yourself;
the right to propose evidence (witnesses, documents, expert reports, recordings, etc.);
the right to make applications and raise objections (including in relation to the lawfulness of evidence and procedures);
the right to consult the criminal file, under the conditions laid down by law.

These domestic guarantees are reinforced by European standards (for example, the right of access to a lawyer and the right to a fair trial, as developed in the case-law of the European Court of Human Rights and EU directives on procedural rights in criminal proceedings).

3.2. The witness’s right not to incriminate themselves

Although, in principle, a witness has a duty to tell the truth, they cannot be forced to incriminate themselves. Romanian constitutional case-law has emphasised that the privilege against self-incrimination and the right to remain silent must also be respected in the case of witnesses.

In simple terms:

if the answer to a specific question could expose you to the risk of criminal prosecution, you must be informed of this and you may refuse to answer that particular question;
if, from the statement you give as a witness, it appears that you may be involved in the offence, the prosecuting authority should change your status to suspect or defendant and inform you accordingly, together with the rights that go with that status.

3.3. Hearing procedure in the Code of Criminal Procedure

The Code of Criminal Procedure regulates in detail how a hearing should unfold. In broad outline, the authorities must ensure that:

your identity is established and your basic personal details are recorded (name, personal identity number, address, contact details);
you are informed of your procedural status, of the facts under investigation and of your rights (including the right to remain silent and the right to a lawyer);
you are given the opportunity to give a free narrative of the events, followed by questions for clarification and detail;
your statement is recorded in writing, including the start and end time of the hearing and the essential questions and answers;
you are given the opportunity to read the statement (or have it read out) and to sign it only after checking that it has been recorded correctly.

4. How to prepare for the hearing – a practical checklist

4.1. Clarify your procedural status in advance

The first step is to know clearly in what capacity you are being summoned. Ideally, this should be stated in the summons. If it is not clear, you can:

contact the prosecuting authority by telephone or in writing and ask them to clarify this point; or
ask your lawyer to contact them and clarify both your status and, in general terms, the object of the case.

This is not a sign of defiance; it is a normal step arising from your right to be informed and your right to a proper defence.

4.2. Talk to a lawyer specialised in criminal law

Real preparation for a hearing is best done together with a criminal defence lawyer. At this stage, you should:

analyse what is already known in the case (the complaint, any documents served on you, what you have found out from previous procedural acts);
identify concrete risks (type of offence, range of possible sentences, risk of pre-trial detention, professional or reputational consequences);
agree on a basic strategy: should you make a detailed statement, give a limited account, answer questions selectively or exercise your right to remain silent?

In some cases, if you intend to admit the facts, it may also be useful to discuss whether it is in your interest to negotiate a plea-type agreement (in Romanian law, this is the “acord de recunoaștere a vinovăției”), which can, under certain conditions, lead to a reduced sentence compared to a fully contested trial. For more details you can read: The plea agreement in Romanian criminal law – when and why it may be useful.

4.3. Prepare relevant documents and information

Together with your lawyer, you can draw up a list of documents and information that might be relevant:

contracts, invoices, receipts, accounting documents, bank statements;
correspondence (e-mails, written messages, notices);
documents proving certain circumstances (work schedules, proof that you were in another location, medical documents, etc.);
names and contact details of potential witnesses who can confirm specific facts.

You are not obliged to submit all of these documents at the first hearing, but it is important to have a clear overview and to discuss with your lawyer what it is actually in your interest to disclose at that moment.

4.4. Simple but important practical aspects

On the day of the hearing, make sure that:

you have your identity document with you and, where appropriate, copies of relevant documents;
you have allowed enough time – hearings can last longer than expected, especially in complex cases;
you know the exact address, floor and office, as well as any access rules (security checks, time slots, registration at reception);
you have agreed with your lawyer where you will meet (outside the building, at reception, directly in the office, etc.).

5. Managing emotions and stress during the hearing

5.1. Why there is no such thing as a “perfect” statement

Many people go into a hearing with the impression that they must give a “perfect” account of the facts, without hesitation and without any missing details. In reality:

human memory is influenced by stress, the passage of time and context;
secondary details (exact times, the precise order of minor events) can be forgotten or mixed up;
under emotional pressure it is easy to make mistakes, even if you have no intention of lying.

It is more honest and more credible to say “I do not remember exactly”, “I cannot guarantee the time” or “I am not sure about this detail” than to fill in the gaps just to appear confident. A sincere statement, even with hesitations, is generally more credible than one that sounds like it has been memorised word for word.

5.2. Simple techniques for managing stress

There are no miracle solutions, but several simple techniques can help:

Controlled breathing – before answering, take a few deep breaths and exhale slowly;
Short pauses – you do not have to answer immediately; you can take a few moments to formulate your response;
Asking for clarification – if a question is unclear, say so and ask for it to be rephrased;
Focusing on facts – describe what you saw, heard or did, without speculating or interpreting if you are not sure.

If you know that you suffer from anxiety, panic attacks or other emotional difficulties, it is useful to tell your lawyer about this in advance. In some cases, the hearing can be organised in such a way as to reduce the psychological pressure (shorter hearing sessions, breaks, a calmer rhythm), as far as the law and the circumstances of the case allow.

5.3. Body language and overall impression

Beyond what you say, how you behave also matters:

a hostile, aggressive or provocative attitude almost never helps; it can create the impression that you are hiding something;
an attitude that is exaggeratedly theatrical or a story that seems obviously memorised can also raise suspicions;
a calm and cooperative attitude, combined with firmness when it comes to your rights, is generally perceived as the most balanced.

The aim is not to play a role, but to be authentic and, at the same time, aware that you are in a formal legal procedure in which your words and behaviour can have consequences.

6. The right not to make a statement: when it helps and what it implies

6.1. Suspect/defendant – the right to remain silent

As a suspect or defendant, you have the right not to make any statement. Exercising this right:

cannot, by itself, be punished;
cannot automatically be interpreted as proof of guilt;
is recognised both by Romanian law and by the European case-law on the right to a fair trial and the privilege against self-incrimination.

However, the decision to remain silent is not a purely theoretical one. It should be discussed with your lawyer, taking into account, among other things:

the evidence that already exists in the file (documents, recordings, witness statements, expert reports);
the concrete stakes (the seriousness of the offence, the range of possible penalties, the risk of pre-trial detention, the impact on your professional and personal life);
the defence strategy in the medium and long term (for example, whether you are aiming for a classification of the case, for a suspended sentence, for a plea agreement, etc.).

6.2. The witness and the privilege against self-incrimination

A witness is, in principle, obliged to tell the truth. However, if questions relate to facts that may expose the witness to criminal liability, they must be informed of their privilege against self-incrimination and may refuse to answer.

Delicate situations can arise, for example:

the witness is a colleague, friend or business partner of the suspect or defendant and a full account of the facts would suggest their own involvement;
the witness admits, during the hearing, that they took part in questionable actions (signed documents without reading them, helped with suspicious transactions, etc.).

In such cases, the prosecuting authority should assess whether the person’s status needs to be changed to suspect or defendant, and the person should be informed and granted the full set of rights corresponding to that status.

7. What actually happens during the hearing – step by step

7.1. Identification and information on rights

Typically, the hearing follows these steps:

Your identity is checked (ID card, passport, etc.).
You are informed of your procedural status (suspect, defendant, witness, injured person).
You are informed, in general terms, of the facts under investigation and of the legal classification.
You are informed of your main rights (to a lawyer, to remain silent, to propose evidence, to consult the file, etc.).
You are usually given the opportunity to consult with your lawyer before the actual hearing begins.

7.2. Free narrative and questions

After these formalities, the prosecuting authority may invite you to give a free account of what happened, in the order in which you experienced it or in which you consider it relevant.

Then, questions are put to you in order to:

clarify details about the place, time and participants;
check whether your statements are consistent with other evidence in the file;
clarify your attitude and subsequent conduct (whether you tried to repair the damage, reported the incident, cooperated with the authorities, etc.).

It is acceptable to ask for a moment to think before answering a question or to request a short break to talk to your lawyer, especially if the question is sensitive or puts you in real difficulty.

7.3. Recording and checking the statement

Your statement is recorded in writing. Before signing it, you should:

read the statement carefully, page by page, or ask for it to be read aloud if you have difficulty reading;
ask for any errors in wording or content to be corrected;
check that the essential questions and your main answers are correctly reflected;
if you are not fluent in Romanian, request the assistance of an interpreter – you are entitled to an interpretation of the questions and of your answers.

You should never sign a statement that you do not understand or with which you disagree. You may ask for your objections or clarifications to be included in the text of the statement (for example: “I stated that I do not remember the exact date”, “I explained that this is only an approximate time”, etc.).

8. Sincerity of statements and the risk of further charges

Regardless of your procedural status, insincere statements can have serious consequences:

for witnesses, false statements may constitute the criminal offence of false testimony;
for defendants, contradictory or obviously untrue statements can seriously damage the credibility of the defence.

Two extremes should therefore be avoided:

saying “anything” just to get it over with, even if it is not true;
remaining completely silent purely out of fear, without any strategic analysis with your lawyer.

The right to remain silent and the privilege against self-incrimination exist precisely so that you are not forced to choose between lying and incriminating yourself. Used correctly, these rights protect you. Used chaotically or purely instinctively, they can complicate your situation.

9. Secrecy of the criminal investigation and discussing your case

The criminal investigation phase is, as a rule, non-public. This means that:

the content of the file is not intended for wide circulation (social networks, the press, group discussions, etc.);
disclosing information from the file can affect evidence (for example, witnesses adjusting their statements after learning what others have said);
in some situations, public comments can raise additional suspicions or even amount to further offences (witness intimidation, compromising evidence, etc.).

The safest approach is to discuss the details of your case only with your lawyer, under the protection of professional secrecy. With friends, colleagues or acquaintances, any discussion should remain general and cautious, without sharing documents or revealing your defence strategy.

10. The lawyer’s concrete role during the hearing

The presence of a lawyer is not a mere formality. An experienced criminal defence lawyer can help you in very specific ways:

Before the hearing:
- explains the charges and the possible consequences in clear terms;
- analyses, as far as possible, the evidence in the file;
- agrees with you on a minimum strategy for the hearing (what you will say, what you will avoid, when it is better to ask for a break).
During the hearing:
- asks for confusing or leading questions to be rephrased;
- requests breaks when necessary so that you can talk in private;
- alerts you when an answer could incriminate you;
- checks that your rights (including the right to remain silent) are being applied in practice, not just mentioned theoretically at the beginning.
After the hearing:
- assesses how your statement fits with the rest of the evidence;
- considers whether further clarifications or supplementary statements are needed;
- prepares, together with you, the next steps in the case (further applications, procedural objections, strategy in court).

For more information about criminal law services, you can consult the dedicated section of the law office’s website: Criminal defence services – Măglaș Alexandru Law Office.

11. Special situations during hearings

11.1. Hearing of minors

Minors benefit from increased protection in criminal proceedings. Among other things, the law provides that:

in certain cases, a legal representative or a representative of the child protection authority must be present at the hearing;
a psychologist or social worker may be involved, especially in sensitive cases (violence, abuse, trafficking, etc.);
the hearing can be organised in a less intimidating environment, with adapted language and a pace appropriate to the child’s age.

The aim is for the minor to be able to describe what happened without being re-traumatised or excessively intimidated by the procedure.

11.2. Hearings in detention or other restrictive conditions

When the person is already deprived of liberty (in pre-trial detention or serving a sentence), the hearing must take place with strict respect for the right of access to a lawyer and the confidentiality of communications with them. In some situations, video conferencing may be used, but only if:

communication with the lawyer remains confidential;
the person can understand and follow the hearing properly, without significant technical obstacles.

11.3. Repeated hearings and supplementary statements

You may be summoned for several hearings, either because new evidence has appeared or because the authorities want to clarify certain aspects.

In such cases:

try to remain consistent on the essential elements of your account;
explain any differences or additions (“at the first hearing I did not remember this detail; I remembered it later when I reviewed my documents”);
discuss with your lawyer whether it is appropriate to submit a written note or a structured supplementary statement.

12. Quick checklist before and after the hearing

12.1. Before the hearing

Do I clearly know in what capacity I am summoned (suspect, defendant, witness, injured person)?
Have I spoken to a lawyer specialising in criminal law and understood the main risks and options?
Do I know whether, in my concrete situation, it is better to make a full statement, a limited statement or to exercise my right to remain silent?
Have I gathered the relevant documents and drawn up a list of potential witnesses (if applicable)?
Have I allowed enough time and do I know exactly where and when I have to appear?

12.2. After the hearing

Have I read my statement in full before signing it?
Have I asked for any errors or misunderstandings to be corrected?
Have I noted (for myself and my lawyer) which questions were asked, how long the hearing lasted and what my general impressions were?
Have I discussed with my lawyer the next steps and how the statement fits into the defence strategy?

13. Costs, fees and other practical aspects

A criminal case usually involves not only lawyers’ fees, but also other expenses (travel, copies of the file, expert reports, court fees for certain applications, etc.). To gain a realistic picture, it is useful to read, for example:

An open discussion with your lawyer from the beginning, including about fees and possible future expenses, will help you avoid unpleasant surprises and organise your resources realistically.

14. Conclusion – turning the hearing from a source of panic into a manageable process

Being heard in a criminal case is naturally a moment of high stress. However, information and preparation can turn this stage from a source of panic into a difficult but manageable process. The key points to remember are:

to understand clearly your procedural status and, where applicable, the charges against you;
to speak in advance to a lawyer specialising in criminal law and agree on a strategy;
to know your rights (to a lawyer, to remain silent, to avoid self-incrimination, to propose evidence);
to manage your emotions and stress realistically, without putting pressure on yourself to give a “perfect” statement;
to be truthful where you choose to speak and not to hesitate to say “I do not remember” when that reflects reality;
to keep the details of the case confidential and discuss them in depth only with your lawyer.

Ultimately, criminal proceedings are not only about accusations and penalties, but also about the protection of people who are innocent and the guarantee of a fair trial. The way you approach the hearing – informed, prepared and supported by a professional – can play a decisive role in how your case evolves and in the final outcome.