Criminal case costs in Romania and how to recover them

This article is for general information only and does not constitute legal advice. Every case is different and should be assessed individually, together with a lawyer, based on the specific documents and legislation applicable at that time.

1. Why it is important to understand the real costs of a criminal case

A criminal investigation or trial does not only involve stress, time and uncertainty, but also financial costs that can become significant by the time the case reaches a final judgment. Many people are surprised not only by the opening of a criminal file, but also by how many expenses appear “along the way”: lawyer’s fees, expert reports, translations, medical examinations, travel, documents from various institutions, and so on.

Romanian procedural law regulates a specific category of expenses called “judicial costs”. The law then sets out who will ultimately bear those costs – the state, the defendant, the injured person, the civil party or the civilly liable party – depending on the outcome of the case (conviction, acquittal, termination of the criminal proceedings, waiver of prosecution, etc.). In the end, the court must decide, in a very concrete way, who pays what.

Understanding these rules is not just a theoretical exercise. It can make the difference between:

having to bear substantial costs entirely on your own; or
having a realistic chance to recover some (or even all) of those costs from the state or from the opposing party.

It is therefore essential to discuss from the very beginning, openly and realistically, not only about the legal risks of the case, but also about its financial impact. This allows you and your lawyer to shape a strategy that takes into account both the legal and the economic side of the proceedings.

2. Legal framework: what are “judicial costs” in a criminal case?

The Romanian Code of Criminal Procedure dedicates a separate chapter to judicial costs. In essence, the law treats as judicial costs all sums that are necessary for:

carrying out acts of criminal investigation and procedural acts before the court;
administering evidence (expert reports, technical examinations, medical reports, hearing of witnesses, etc.);
preserving and managing material evidence;
fees of court-appointed lawyers and court-appointed experts;
any other expenses necessary for the proper conduct of the criminal proceedings.

At the same time, the Code of Civil Procedure contains a general definition of “judicial expenses” in civil proceedings (lawyer’s fees, expert fees, sums due to witnesses, costs of transport and accommodation, court fees, and so on). These provisions become relevant in criminal cases as well, especially when the criminal court rules on a civil claim for damages brought by the injured person in the criminal proceedings.

From a practical perspective, it is useful to distinguish between:

Judicial costs advanced by the state – for example, a part of the fees of court-appointed lawyers, fees of court-appointed experts, costs of summoning parties and witnesses, transport of detained persons, and other expenses needed to run the criminal justice system. The state pays them initially, then, at the end of the case, the court decides whether they remain with the state or are charged to one of the parties.
Costs paid directly by the parties – for example, the fee of the lawyer of choice, the fee of a party-appointed expert, travel and accommodation expenses, translation costs, medical examinations, notarial fees and all other amounts paid directly by the defendant, the injured person or the civil party.

The rules on who ultimately bears these costs depend on the final outcome of the case: conviction, acquittal, termination of the criminal proceedings, waiver of prosecution, admission or dismissal of the civil claim, and so on. In each scenario, the court must distribute the costs according to the concrete situation and the so-called “procedural fault” of the parties (who caused which costs and why).

3. The main categories of costs in a criminal case

3.1. Lawyer’s fee for counsel of choice

In most criminal files, the fee of the lawyer of choice is the largest single cost for the person under investigation or trial. The legal profession in Romania is regulated by Law no. 51/1995 on the organization and practice of the legal profession, which states that the lawyer’s fee is agreed freely between lawyer and client, subject to the law and professional ethics.

The National Union of Romanian Bar Associations (UNBR) has adopted an Indicative Guide of Minimum Fees. The guide is not mandatory, but it offers reference values for different types of services (consultations, assistance during criminal investigation, representation at trial, appeals, etc.). It is strictly a benchmark: the actual fee is the result of the agreement between lawyer and client, depending on the complexity of the case and expected workload.

In practice, lawyer’s fees may take several forms:

Flat fees – for a specific stage (for example, only the investigation phase) or for the entire case before a certain court (first instance, appeal, etc.).
Hourly fees – calculated based on the time effectively spent on the case.
Success fees – generally allowed in relation to the financial outcome of civil or pecuniary claims, usually as an additional component to a fixed or hourly fee if a particular result is obtained.
Combined structures – for example, a fixed fee covering certain services, plus an hourly fee if the case requires additional work beyond what was initially planned, or a fixed fee plus success fee.

The type and amount of the fee must be recorded in a legal services contract. This contract is not just a formality; it is also the primary document that will later support any claim for reimbursement of legal fees as judicial costs from the opposing party or from the state. For a more detailed analysis of how lawyer’s fees are structured and what factors influence them, you may also wish to consult: “Despre onorariul avocațial: cât costă serviciile unui avocat și cum se calculează” (in Romanian).

3.2. Costs related to access to the criminal file and photocopying

Effective defence requires full and timely access to the case file. In practice, this often means:

copying or scanning the volumes of the criminal file;
printing key documents for use at hearings or for analysis;
digital organising of the file (indexing, archiving, internal notes, etc.).

These operations generate concrete costs:

fees charged by the prosecutor’s office or the court for making copies of documents;
technical and logistical costs borne by the lawyer (equipment, consumables, staff time), which are reflected in the fee;
travel costs if the file can only be consulted at the prosecutor’s office or court registry in another locality.

All of these amounts are part of the broader category of judicial costs, insofar as they are necessary to exercise the right of defence and to ensure a fair trial.

3.3. Fees, taxes and other costs for evidence

Depending on the specifics of the case, the administration of evidence may require additional expenditure, such as:

obtaining documents from public or private archives (contracts, financial reports, registers, extracts);
certificates and statements from public authorities (tax authorities, local authorities, professional bodies, etc.);
postal and courier services for sending and receiving documents within tight deadlines;
medical consultations or complementary forensic medical reports (e.g. second opinion on the severity of injuries);
authorised translations of documents drawn up in a foreign language;
fees of court-appointed experts (forensic, accounting, IT, technical experts, etc.);
fees of party-appointed experts, where the law allows a party to engage its own specialist to provide an independent opinion.

Court-appointed expert fees are usually set by the prosecutor or court in a formal decision, sometimes with advances to be paid either by the state or by the parties. These fees later form part of the judicial costs that the court will allocate to one party or another in the final judgment.

3.4. Travel, accommodation and time off work

Criminal proceedings often imply repeated travel: to the police, the prosecutor’s office, different courts, medical institutions, notaries and various public authorities. From a financial point of view, this can mean:

fuel costs or tickets for train, bus or plane;
parking fees and, in some cases, hotel or other accommodation costs;
loss of income or days off work due to time spent travelling and attending hearings.

While not all of these costs are automatically reimbursed, some of them (for example, travel and accommodation) can be treated as judicial expenses, especially if they are directly connected to participation in hearings or to the administration of evidence. In similar fashion, in civil proceedings witnesses are entitled to have their travel and lost income compensated, and this logic can also influence how criminal courts look at expenses in related civil claims.

3.5. Costs of witnesses, interpreters and other participants

Other players in the proceedings may also generate costs, such as:

witnesses, who are entitled, under certain conditions, to reimbursement of their travel expenses and compensation for lost income;
interpreters, needed in cases where one of the persons involved does not speak Romanian or suffers from hearing/speech impairments;
specialists and technical experts who assist the court or the parties in understanding complex issues.

Depending on the final outcome, these costs may remain with the state or may be charged to one or more parties. In practice, the court will decide by taking into account who requested a certain piece of evidence, whether it was necessary and how the case was ultimately solved.

4. Who ultimately pays the judicial costs?

4.1. If the case ends with a conviction

Where the criminal case ends with a conviction, the general rule is that the defendant must bear:

the judicial costs advanced by the state (with certain exceptions, such as some components of mandatory legal assistance);
the judicial expenses of the injured person and civil party, insofar as their civil claims are admitted in whole or in part.

Even so, the court has discretion to decide whether a particular cost was necessary and reasonable. For example, if a lawyer’s fee is clearly disproportionate to the complexity of the case, the court may award only a part of it as recoverable costs, leaving the remainder to be borne by the client personally.

4.2. If the defendant is acquitted

In the event of an acquittal, the defendant should not bear the judicial costs that were advanced by the state. The court may, however, order the injured person or civil party to pay some of those costs, especially where their civil claims are dismissed in full or where the court finds that their actions have unjustifiably triggered or prolonged the proceedings.

In addition, the acquitted person can ask the court to order the injured person or civil party to pay the costs they have personally incurred, including the fee of their lawyer of choice. Again, the court may reduce the amount if it considers that certain expenses were excessive or unnecessary.

4.3. If the criminal proceedings are terminated

Where the case ends with a termination of the criminal proceedings (for example due to limitation, reconciliation, withdrawal of the prior complaint or other causes), the rules on costs are more nuanced. Depending on the legal ground for termination:

the defendant may be required to bear the judicial costs; or
the injured person may be ordered to pay them (for instance if the complaint was withdrawn or filed too late);
the parties may agree, in a mediation or reconciliation agreement, how they will share the costs.

In all such scenarios, the specific text of the decision and its justification are crucial, including the way in which the court assesses the conduct of each party during the proceedings.

4.4. Costs arising from appeals and unsuccessful applications

It is not only the final solution that matters, but also how the parties behave procedurally along the way. For instance:

if a person lodges an appeal, an extraordinary remedy or a complaint that is dismissed as unfounded or inadmissible, they may be ordered to pay the judicial costs associated with that step;
if a party files manifestly ill-founded or abusive applications, the court may sanction this behaviour by ordering them to pay the costs generated for the other parties or for the state.

For this reason, every procedural step should be carefully discussed with a lawyer, weighing not only its potential legal benefits but also its financial risks if the remedy fails.

5. How can you recover the costs you have paid in connection with a criminal case?

5.1. Recovery through the civil claim (joined to the criminal case or separate)

Part of the expenses you pay can be recovered through a civil claim for damages. The Romanian criminal procedure allows the injured person to join a civil claim to the criminal proceedings and to seek compensation for:

material damage – direct financial loss, lost income, destruction or devaluation of property, etc.;
non-material damage – pain and suffering, reputational harm, disruption of private and family life, and so on;
judicial costs – including lawyer’s fees, expert fees, travel expenses and similar costs, where they are directly linked to the case.

Under the civil procedure rules, the party who loses the case (in whole or in part) may be ordered to pay the other party’s judicial costs, in proportion to the claims dismissed or admitted. To stand a realistic chance of recovering these amounts, you must be able to prove them (by contracts, invoices, receipts, bank transfers, etc.) and you must explicitly request the court to award them.

5.2. Court fees and exemptions

Although criminal proceedings as such are not subject to court fees, civil actions related to a criminal case (for example a separate claim for damages) usually trigger the payment of court fees in line with Government Emergency Ordinance no. 80/2013 on court fees.

However, that ordinance also provides for exemptions and reductions in certain situations, for example where the claim arises from unjust deprivation of liberty or other forms of judicial error, or where the claimant has limited financial capacity. Moreover, under specific conditions, the court can grant fee reductions, instalments or full exemptions on the basis of the rules on legal aid in civil matters.

Before filing a civil claim, it is therefore advisable to discuss with your lawyer:

whether the claim is subject to court fees or falls under any exemption;
whether it is realistic to ask for a reduction, exemption or instalment of the fee;
how the cost–benefit ratio looks like: court fees and other expenses versus the amount you might actually recover.

5.3. Legal aid in civil proceedings

Romanian law on legal aid in civil matters (for example Government Emergency Ordinance no. 51/2008, as amended) allows individuals with low income to obtain:

partial or full coverage of court fees;
partial or full coverage of lawyer’s fees in civil proceedings;
other forms of financial support for litigation costs.

This mechanism applies primarily to civil, labour, social security and administrative cases, not to criminal proceedings as such. Nevertheless, it can become very relevant if, after the criminal case, you decide to bring a separate civil action for damages and you are unable to cover the court fees and other costs from your own resources.

For a more detailed explanation of when and how legal aid can be granted, you may consult, for instance, the article (in Romanian): “Ajutorul public judiciar – ce se modifică în 2023”.

In criminal matters, the main protection for persons with limited financial means comes instead from mandatory legal assistance and the appointment of a court-appointed lawyer where the law so requires.

6. Lawyer of choice vs. court-appointed lawyer: impact on costs

6.1. Lawyer of choice

When you hire a lawyer of choice, you enter into a contractual relationship in which you can freely agree on:

the structure of the fee (fixed, hourly, success-based or a mix of these);
which services are included (initial consultation, written opinions, drafting of complaints, presence at hearings, appeals, etc.);
the payment schedule (upfront, in instalments, depending on certain stages of the case).

At the end of the proceedings, the fee you have paid to your lawyer of choice can be claimed as judicial costs from the opposing party, if you win the case, or from the state, in certain limited scenarios (for example wrongful prosecution cases). Nevertheless, the court is not obliged to award the exact amount you have agreed with your lawyer; it can reduce the sum to what it considers to be reasonable in light of the case.

6.2. Court-appointed lawyer

In situations where the law requires mandatory legal assistance (for example for minors, for detained persons or where the offence carries a maximum sentence above a certain threshold), the prosecution and the courts must ensure that the suspect or defendant is represented by a lawyer. If the person does not have a lawyer of choice, the bar association appoints a court-appointed lawyer.

The fee of the court-appointed lawyer is set according to the bar’s specific scales for legal aid and is initially paid from public funds. As a rule, these fees are lower than the typical market fees for lawyers of choice, precisely because they are financed from the state budget. Depending on the case and on the final outcome, some or all of these amounts may remain with the state or may be charged to the convicted person.

The existence of court-appointed counsel does not prevent you from changing to a lawyer of choice later, nor from having both (for example, if the court-appointed lawyer remains formally appointed but you hire your own counsel). However, this may have consequences for who pays what, especially if the case ends with a conviction.

7. Other relevant procedures: enforcement and incidental measures

Judicial costs do not necessarily stop once the final judgment in the criminal case is delivered. Additional expenses may arise in connection with:

enforcement of the sentence – such as applications for conditional release, challenges to the execution of the sentence, or requests to change the way in which the sentence is enforced;
preventive measures – applications to lift or amend pre-trial detention, house arrest or judicial control (bail-like measures);
asset freezing and seizures – challenges to precautionary measures imposed on property, requests for their lifting or modification, and procedures for the valorisation of seized assets;
complaints or appeals against various acts of the prosecutor or of the enforcement authorities.

All these additional procedures may involve new lawyer’s fees, court fees (for civil components) and other expenses (travel, translations, expert reports). When defining a strategy for the case, it is therefore useful to consider not only the trial itself, but also the possible enforcement and post-conviction scenarios.

8. Practical tips for managing criminal case costs

8.1. Talk openly about costs from the very start

The first realistic step is to schedule an initial legal consultation in which you discuss not just the facts and legal aspects, but also a rough budget for the case. For example:

What stages are likely (criminal investigation, preliminary chamber, first instance, appeal, possibly extraordinary remedies)?
What fee (or range of fees) does the lawyer foresee for each stage?
What other costs may arise (expertise, translations, travel, medical reports)?
In which scenarios is it realistic to expect that some of these costs may be recovered?

A more detailed discussion about the role and benefits of an initial consultation can also be found in the article (in Romanian): “Motive pentru a programa o consultație juridică inițială…”.

8.2. Keep all supporting documents

Regardless of the outcome of the case, it is crucial to keep all proof of the expenses you make:

the legal services contract and proof of payment of the lawyer’s fee (receipts, bank transfer orders);
invoices and receipts for expert reports, translations, medical examinations, notarial deeds;
tickets and fuel receipts if you wish to prove travel expenses;
any other documents clearly showing the nature and amount of the costs.

Without documentation, even substantial real expenses will be difficult to recover as judicial costs. Courts work with evidence – not with assumptions or estimates.

8.3. Avoid unnecessary or disproportionate expenses

Not every amount spent “in relation to the case” will automatically be recognised as a necessary cost. Courts can and do refuse to award sums that they consider excessive, unjustified or disproportionate compared to the complexity and stakes of the case.

It is therefore wise to:

discuss with your lawyer before incurring major costs (such as very expensive private expertise or multiple overlapping reports);
analyse whether each piece of evidence or procedural step is truly useful and necessary for the defence strategy;
avoid artificially inflating costs in the hope that they will ultimately be borne by the other side – courts are increasingly sensitive to such practices.

8.4. Make sure your legal services contract is clear

A well-drafted legal services contract should clearly address, at least, the following points:

what type of fee is used (fixed, hourly, success-based, combination);
which stages of the case are covered (investigation only, investigation and trial at first instance, appeal, etc.);
whether travel, accommodation, court fees, expert fees and other expenses are included in the fee or are billed separately;
payment terms (deadlines, instalments, conditions linked to certain procedural stages).

A clear written agreement not only reduces the risk of misunderstandings, but also strengthens your position later when asking the court to order the opposing party to reimburse your legal expenses.

9. Frequently asked questions (FAQ) about criminal case costs

9.1. If I am acquitted, will I automatically recover all my costs?

There is no absolute guarantee that you will recover all the amounts you have paid, even if you are acquitted. The court can order the injured person or civil party to pay your judicial costs, but it may also decide to reduce the amounts it considers excessive or not fully justified. Your chances increase significantly if you have complete documentation for all expenses and if your lawyer formulates a clear, well-argued request.

9.2. If I lose the case, can I be ordered to pay the opposing party’s lawyer’s fees?

Yes. If you are convicted or if a civil claim against you is admitted, the court can order you to pay the judicial costs of the opposing party, including their lawyer’s fees, to the extent that they are reasonable and proportionate. This risk is one of the reasons why it is important to realistically assess, together with your lawyer, the chances of success of each procedural step.

9.3. Are court fees relevant in criminal cases?

Criminal proceedings themselves are not subject to court fees. However, civil actions related to a criminal case (for example a separate claim for damages or a civil action in connection with precautionary measures) are subject to court fees under Government Emergency Ordinance no. 80/2013. In such situations, it is essential to clarify in advance what fee is due and whether you can benefit from exemptions, reductions or instalments.

9.4. Can I get a “free lawyer” if I cannot afford one?

In criminal matters, the equivalent of “free legal assistance” is mandatory legal assistance through a court-appointed lawyer. In the situations provided by the Code of Criminal Procedure, the authorities will request the bar association to appoint a lawyer for you, and their fee will initially be covered by the state. Depending on the final outcome and the legislation applicable, part of those costs may sometimes be borne by the convicted person, but the mechanism ensures that no one is left without minimum legal assistance solely for financial reasons.

10. Conclusions: always look at the financial dimension of a criminal case

A criminal case has, of course, a powerful emotional and existential impact: liberty, reputation, family and professional future are all at stake. But alongside these elements, there is also a very concrete financial dimension that should not be ignored. Judicial costs – whether advanced by the state or paid directly by the parties – can reach substantial amounts, especially in complex or long-lasting proceedings.

The Romanian legal framework provides detailed rules on how these costs are distributed between the state and the parties, but their practical application depends heavily on the specifics of each case, on the final solution and on the parties’ procedural behaviour. Understanding this framework, talking openly with your lawyer about budget and strategy, keeping all supporting documents and avoiding unnecessary expenses are key steps in protecting yourself financially as much as possible.

If you are involved in a criminal case or suspect that you might soon be the subject of criminal proceedings, it is strongly advisable to consult a lawyer specialising in criminal law as early as possible. Together, you can clarify both the legal risks and the financial implications of the case and build a defence strategy tailored to your real situation – including a realistic plan for managing and, where possible, recovering the costs generated by the proceedings.