Extradition to and from Romania: procedures, rights and hidden pitfalls (including costs)

Being involved in an extradition case is one of the most stressful things that can happen to someone – whether you are the person targeted or a family member trying to understand what is going on. Questions pile up very quickly:

• Can Romania send me to another country?
• Can Romania get me back if I leave the country during a criminal case?
• Do I have any real rights, or is everything a “done deal” between states?
• Who pays for the flights, escorts and all the logistics of bringing someone back?

In Romania, extradition is regulated in detail by Law no. 302/2004 on international judicial cooperation in criminal matters, repeatedly amended and republished, including by Law no. 173/2024 (on cost recovery from fugitives).

This article explains, in accessible language:

• how extradition from Romania (passive extradition) works;
• how extradition to Romania (active extradition) works;
• what rights the requested person has;
• when Romania can refuse extradition;
• the role of the defence lawyer in Romania and abroad;
• how extradition costs are allocated and, in some cases, recovered from the person extradited.

Important: what follows is general information, not personalised legal advice. In any concrete case, you should speak directly with a lawyer familiar with extradition and international criminal cooperation.

1. The legal framework: where do we start?

1.1. Law no. 302/2004 – the backbone of extradition in Romania

The main legal instrument is Law no. 302/2004 on international judicial cooperation in criminal matters, republished in the Official Gazette no. 411/27 May 2019 and further amended, including by Law no. 173/2024.

Article 1 of Law 302/2004 lists the forms of cooperation to which the law applies. The very first one is extradition, followed by the European Arrest Warrant (EAW), transfer of proceedings, recognition and execution of criminal judgments, transfer of sentenced persons, mutual legal assistance etc.

The law is completed by:

• the Romanian Code of Criminal Procedure, which governs many general issues (criminal proceedings, preventive measures, judicial expenses etc.);
• international treaties on extradition and mutual legal assistance to which Romania is a party (e.g. the European Convention on Extradition and its protocols);
• the European Convention on Human Rights (ECHR), in particular:
  • Article 3 – prohibition of torture and inhuman or degrading treatment;
  • Article 6 – right to a fair trial.

1.2. Extradition vs. European Arrest Warrant

It is crucial to distinguish between:

• “classic” extradition – usually applicable in relations with non-EU states or based on specific treaties; and
• the European Arrest Warrant (EAW) – a simplified and accelerated surrender mechanism between EU Member States, governed by a separate title of Law 302/2004 (transposing Framework Decision 2002/584/JHA).

In practice:

• if Romania is dealing with another EU Member State, the EAW procedure will normally apply;
• if the requesting state is outside the EU (e.g. the UK post-Brexit, USA, Turkey, Serbia), extradition rules under Law 302/2004 and any applicable treaty will be used.

1.3. Active vs. passive extradition

Law 302/2004 distinguishes between:

• extradition from Romania (passive extradition) – another state requests Romania to surrender a person on Romanian territory;
• extradition to Romania (active extradition) – Romanian authorities request another state to surrender a person wanted for prosecution, trial or to serve a sentence in Romania.

Procedurally, the two situations are different, but the same underlying principles apply: double criminality, threshold of seriousness, protection of fundamental rights, possibility to refuse extradition in certain cases etc.

2. When will Romania grant extradition? General conditions

2.1. Double criminality and minimum severity of the offence

The starting point is the double criminality principle: Romania will only grant extradition if the act is a criminal offence under both Romanian law and the law of the requesting state.

In addition, Law 302/2004 sets minimum thresholds for seriousness:

• for prosecution or trial, the act must be punishable under both laws with a custodial sentence of at least 1 year (or a more severe measure);
• for execution of a sentence, the remaining sentence to be served must be at least 4 months.

These thresholds are in line with European standards on extradition and surrender procedures.

2.2. Special situations: statute of limitations, amnesty, complaints

Romanian law also takes into account other issues that may block extradition, such as:​

• statute of limitations – if the offence or sentence is time-barred under Romanian law or the law of the requesting state, extradition will not be granted;
• amnesty or pardon – if the act has been amnestied or the sentence pardoned, extradition can no longer serve a legitimate purpose;
• offences requiring a prior complaint by the victim – if, under Romanian law, criminal proceedings can only be initiated based on a prior complaint and the victim opposes extradition, this may block surrender in some scenarios.

3. When can Romania say “no”? Grounds for refusal

3.1. Mandatory grounds for refusal (Article 21 Law 302/2004)

Article 21 of Law 302/2004 sets out a series of mandatory grounds for refusal. If one applies, Romania must refuse extradition. Key examples:​

• Risk of serious human rights violations – where there are serious reasons to believe that the requested person would be exposed, in the requesting state, to:
  • torture or inhuman/degrading treatment or punishment (Art. 3 ECHR); or
  • a flagrant denial of the right to a fair trial (Art. 6 ECHR).
• Political offences – extradition is refused for purely political offences or connected offences, with exceptions for terrorism, genocide and other particularly grave crimes whose political nature has been excluded by treaties.
• Discriminatory purpose – if extradition is requested to prosecute or punish a person because of their race, religion, nationality, language, political opinions or membership of a particular social group, or if their position might be prejudiced for such reasons.
• Extraordinary or ad-hoc courts – if the case is to be tried before a court that does not offer fundamental guarantees of independence and impartiality, or is set up specifically for that case (outside the framework of international criminal tribunals).

Romanian courts – including the High Court of Cassation and Justice – have repeatedly stressed that these grounds must be examined concretely, with reference to objective information on the requesting state (reports of international bodies, ECtHR case-law, CPT reports, NGOs etc.).

3.2. Optional grounds for refusal (Article 22 Law 302/2004)

Article 22 introduces optional grounds for refusal. Romania may refuse extradition, for instance when:​

• the act is already the subject of ongoing criminal proceedings in Romania, or could be prosecuted here (to avoid parallel proceedings and inconsistent decisions);
• extradition would have particularly serious consequences for the requested person, especially due to age or health (serious illness, advanced age etc.);
• other legitimate interests of Romania are at stake (national security, essential public interests etc.).

In practice, optional grounds are often invoked in combination with medical documents, family situation, degree of integration in Romania, and up-to-date information on detention conditions in the requesting state.

3.3. Trials in absentia and the right to defence (Articles 31–32)

Law 302/2004 pays special attention to situations where the person was tried in absentia in the requesting state.

• If the person was convicted without having had an effective opportunity to defend themselves, Romania may refuse extradition unless the requesting state gives explicit and reliable guarantees that:
  • the person will have the right to a new trial; or
  • the case will be reopened in a way that fully respects defence rights.
• Romania will also refuse extradition if the person would face a court which does not secure minimum procedural guarantees and independence, or appears to be set up specifically for their case.

4. How extradition from Romania works (passive extradition – another state requests you)

Extradition from Romania is dealt with in a dedicated section of Law 302/2004, which clearly states that:

• extradition from Romania is decided by the judiciary (courts), not by the Government; and
• the procedure is urgent and continues even during judicial holidays.

4.1. Step 1 – The request reaches the Romanian Ministry of Justice

1. The foreign state sends an extradition request, usually through diplomatic channels or directly to the Romanian Ministry of Justice as the central authority.
2. The request must be accompanied by:
   • identification details of the requested person;
   • a description of the facts (place, time, manner of commission);
   • legal classification and applicable statutory provisions;
   • a copy of the arrest warrant or final judgment, as appropriate.
3. The Ministry of Justice performs a check of “international regularity” (i.e. whether the request formally complies with treaties and law: language, content, documents, applicable convention etc.). If there are obvious shortcomings, it can ask for clarifications or decide that the request should not go further.
4. If everything is in order, the request is transmitted to the Prosecutor General at the Court of Appeal that has territorial competence (often Bucharest Court of Appeal or the one where the person is located).

4.2. Step 2 – Arrest and preliminary measures

On the basis of the request – or even before, on the basis of an Interpol red notice or a provisional request – prosecutors and the court can order deprivation of liberty:

• police arrest for 24 hours, to bring the person before the court;
• provisional arrest for extradition, ordered by the competent Court of Appeal, usually for up to 30 days at a time, and re-examined periodically (at least every 30 days). The maximum overall duration before surrender is normally up to 180 days.

At this stage, the requested person must be:

• informed, in a language they understand, about the request and the reasons for arrest;
• provided with an interpreter if they do not speak Romanian;
• assisted by a lawyer – either chosen or appointed ex officio.

4.3. Step 3 – The hearing before the Court of Appeal

The Court of Appeal is the key player. It does not decide whether the person is guilty or innocent. Instead, it checks whether the legal conditions for extradition are met and whether any grounds for refusal apply.

In practice, at the hearing:

• the person is brought before the court;
• the judge explains the accusation and the content of the request;
• the person can state whether they consent or oppose extradition;
• the defence lawyer can present legal and factual arguments, documents (medical reports, proof of family ties in Romania, reports on detention conditions, ECtHR judgments etc.).

4.4. Step 4 – Consent to extradition: a “fast lane” with risks

Romanian law allows the requested person to consent to extradition before the court. This typically leads to a faster procedure, sometimes with reduced judicial review.

However, there are several risks:

• some procedural safeguards may be waived or limited;
• it may become more difficult to later challenge conditions in the requesting state (detention, trial fairness);
• the person may underestimate the seriousness of the sentence or the conditions they will face.

Because of this, most practitioners recommend signing consent only after a detailed discussion with a lawyer, ideally with input from a lawyer in the requesting state about prison conditions, typical sentences, chances of a fair trial etc.

4.5. Step 5 – Judgment and appeals

After hearing the parties, the Court of Appeal issues a judgment:

• granting extradition and maintaining provisional arrest until surrender; or
• refusing extradition and ordering release (if no other basis for detention exists).

The judgment is subject to a fast appeal (usually to the High Court of Cassation and Justice), with very short time-limits (often a few days). The idea is to preserve urgency but still allow for a second level of review.

4.6. Step 6 – Surrender, postponed or temporary surrender

Once the decision is final, the Ministry of Justice agrees with the requesting state on date, time and place of surrender. However, there are two important options:​

• postponed surrender – if the person is also prosecuted or serving a sentence in Romania, surrender can be postponed until the local case is finished or the Romanian sentence is served;
• temporary surrender – the person can be sent temporarily to the requesting state for certain procedural steps and then returned to Romania, for example to avoid delays in both countries. Costs and exact conditions are governed by Law 302/2004 and any applicable treaty.

5. How extradition to Romania works (active extradition – Romania requests you)

Active extradition is the mirror image: Romanian authorities request another state to surrender someone for prosecution, trial or execution of a sentence.

5.1. Pre-conditions in Romania

Before sending a request, Romanian courts and prosecutors must make sure that:

• a pre-trial detention warrant or a final conviction and enforcement warrant has been issued against the person;
• the offence meets the threshold (minimum 1 year or 4 months) and double criminality is likely to be satisfied;
• no obvious obstacle (e.g. prescription, amnesty) exists.

5.2. Drafting and sending the request

On this basis, the competent court issues a decision acknowledging that conditions for requesting extradition are fulfilled. The Ministry of Justice then drafts and sends the formal extradition request to the foreign state, together with:​

• the arrest warrant or judgment;
• a description of the facts and their legal classification;
• information on the applicable Romanian criminal law provisions;
• where necessary, assurances requested by the other state (for example, that life imprisonment will not be executed, or that the person will be returned to serve the sentence in their home country).

In urgent cases, a provisional arrest request can be sent via Interpol or other channels, before the full file is transmitted.

5.3. Why a Romanian lawyer still matters if you are abroad

If you are abroad and Romania is asking for your extradition, you might be tempted to work only with a lawyer in the country where you now live. In practice, it is often crucial to also have a Romanian lawyer because:

• he or she can check the legality of the Romanian warrant or judgment (prescription, procedural flaws, wrong legal classification, errors in calculation of the sentence, etc.);
• he or she can advise you on possibilities such as:
  • challenging the underlying Romanian sentence;
  • negotiating a plea or a reduced sentence;
  • later transferring the sentence to be served in Romania, if you are a Romanian citizen or resident;
• coordination between the two lawyers avoids contradictory strategies (e.g. admitting certain facts in one country while contesting them in the other).

6. Rights of the requested person in extradition proceedings

Even if extradition is a cooperation mechanism between states, the requested person is not a “package” to be shipped. Law 302/2004, the Code of Criminal Procedure and the ECHR provide a range of individual safeguards.

6.1. Right to information in a language you understand

Just like in normal criminal proceedings, Romanian authorities must inform the person:

• why they are being arrested;
• which state is requesting extradition and for what offences;
• what rights they have (to a lawyer, to remain silent, to an interpreter, to medical assistance etc.).

This information must be given in Romanian and, where necessary, translated or explained in a language the person understands.

6.2. Right to a lawyer (including legal aid)

The requested person has the right to be assisted by a lawyer of their choice. If they cannot afford one, or if they do not choose a lawyer, the court will appoint a legal aid lawyer (ex officio).

Under Article 16 of Law 302/2004, as interpreted and amended, legal aid costs in certain cooperation procedures are covered by the Romanian state budget (Ministry of Justice, Public Ministry, Ministry of Internal Affairs).

6.3. Right to challenge arrest and the extradition decision

Every decision on provisional arrest for extradition can be contested in a very short time (often 48 hours), and the appeal is heard quickly by a higher court.

The final judgment granting or refusing extradition can also be appealed. Given the short deadlines, it is essential to involve a lawyer immediately, not “later on”.

6.4. Right to invoke human rights risks and refusal grounds

With the help of the lawyer, the person can raise, before the Romanian court:

• any relevant mandatory or optional ground for refusal under Law 302/2004 (Articles 21–22);
• risks of torture, inhuman treatment or a grossly unfair trial in the requesting state, supported by:
  • reports by bodies such as the Council of Europe, UN, EU agencies;
  • ECtHR judgments concerning that state;
  • expert opinions or NGO reports about prisons and courts.

Romanian courts cannot simply assume that an allied or partner state always respects human rights; they must assess the risk concretely in each case, based on evidence presented.

7. Who pays for extradition? Extradition costs and their recovery

7.1. General rule (Article 16 Law 302/2004)

Article 16 of Law 302/2004 sets out the general rule on expenses generated by cooperation requests, including extradition:​

• As a rule, costs linked to executing a request are borne by the requested state (the one executing the request).
• However, certain categories of expenses are always borne by the requesting state, such as:
  • witnesses’ and experts’ fees and travel/accommodation costs;
  • costs of handing over objects;
  • costs of transferring persons to the requesting state or to a judicial authority building;
  • costs of transit, videoconferencing and other “extraordinary” expenses.
• Expenses that fall on Romania are covered from the state budget, through the budgets of the Ministry of Justice, Public Ministry and Ministry of Internal Affairs.

7.2. Special rule for extradition procedure costs (Article 76)

Article 76 of Law 302/2004 deals specifically with extradition procedure costs:

• Expenses generated by the extradition procedure carried out on Romanian territory are borne by the Romanian state, through the budgets of the authorities involved (courts, prosecutors, police, Ministry of Justice etc.).
• Transit costs (when Romania allows a person extradited between other states to pass through its territory) are borne by the requesting state.

So if you are extradited from Romania, the Romanian state will initially pay the costs of detention, escort and transport up to the surrender point – but this does not mean they can never be recovered from you.

7.3. New rules since 2024: fugitives and recovery of extradition costs

In 2024, the Romanian Parliament adopted Law no. 173/2024, which added paragraphs (6)–(8) to Article 16 of Law 302/2004.

The new paragraphs provide that:

• Where the requested person, extradited person or extraditable person evaded criminal prosecution or trial, the expenses borne by the Romanian state in connection with cooperation will be taken into account as judicial expenses when the execution court decides on costs under the Code of Criminal Procedure (Article 274–275 CPP).
• Where the person evaded execution of the sentence, the Romanian authorities have a civil recourse action to recover the costs associated with bringing them back to the country (air tickets, escort costs, medical expenses, transit-related costs etc.). This action:
  • is brought before the competent civil court;
  • is judged with priority (“celeritate”);
  • is exempt from court fees.
• The categories of recoverable expenses are detailed in a Government Decision issued on the proposal of the Ministry of Justice and the Ministry of Internal Affairs (for example, international transport, accommodation of officers, medical costs, local transport in the requested state, costs of specific formalities).

In other words, the state is now explicitly empowered to send the bill to fugitives for the cost of bringing them back.

7.4. How this interacts with criminal procedural expenses

Under the Romanian Code of Criminal Procedure, judicial expenses advanced by the state can be placed, in whole or in part, on the convicted person.

• On conviction, the court normally orders the convicted person to reimburse the state’s expenses (including extradition-related costs), unless there are special reasons not to do so.
• In cases of acquittal or termination of proceedings, rules differ – sometimes the expenses remain with the state, sometimes they can be placed on the complainant or shared.

After Law 173/2024, courts must pay particular attention to whether the person evaded prosecution, trial or execution. In such cases, they are explicitly allowed – and even encouraged – to include extradition costs in the amount the convicted person must pay.

7.5. What about the family’s costs (lawyers, travel, etc.)?

Law 302/2004 and the Code of Criminal Procedure do not normally reimburse:

• fees paid to chosen lawyers (in Romania or abroad);
• travel and accommodation expenses paid by family members to attend hearings;
• costs of private experts or interpreters, unless the court exceptionally considers them necessary and includes them in judicial expenses.

As a rule, these are considered private costs and remain the responsibility of the person and their family.

8. Typical pitfalls in extradition cases

8.1. Confusing extradition with a finding of guilt

Extradition is not a criminal trial. The Romanian courts do not decide whether you are guilty or innocent of the foreign charge. They only decide whether legal conditions for surrender are met.

Therefore:

• a decision granting extradition does not mean that you have been “convicted” in Romania;
• likewise, refusal of extradition does not mean automatic acquittal in the requesting state.

8.2. Signing consent to extradition without fully understanding the consequences

Because detention is stressful and the temptation to “get it over with” is strong, many people say “yes, I accept extradition” at the first hearing. This can be dangerous, because:

• you might give up the opportunity to raise important refusal grounds (e.g. serious health problems, risk of inhuman prison conditions);
• there may be viable legal arguments related to prescription, amnesty, or manifestly disproportionate punishment;
• you may not yet know how the criminal justice system in the requesting state actually works in practice.

Consent should be given, if at all, after proper consultation with a specialised lawyer and, ideally, after receiving information from an attorney practising in the requesting country.

8.3. Underestimating how fast deadlines run

Extradition procedures are designed to be fast. Deadlines for appealing arrest or the extradition judgment are often just a few days. If you wait to “see what happens” before hiring a lawyer, you risk losing key procedural opportunities.

8.4. Ignoring the financial risk – the state can claim costs back

Especially after Law 173/2024, people who flee Romania to avoid prosecution, trial or execution can face a double blow:

• the criminal sentence itself (imprisonment, fines, ancillary penalties); and
• a separate bill for the costs of being brought back – air tickets, escort costs, medical expenses, etc., recovered either via criminal costs or via a separate civil recourse action by the state.

For some families, these amounts can be significant, especially when the person is arrested far from Europe and escorted by specialised teams.

8.5. Lack of coordination between Romanian and foreign lawyers

Extradition is inherently cross-border. Without coordination:

• the strategy in Romania (e.g. opposing surrender) might contradict the strategy abroad (e.g. negotiating a plea);
• arguments about prison conditions or fair trial rights might not be properly documented in one of the jurisdictions;
• the person might unwittingly make statements in one country that are used against them in the other.

A well-coordinated defence team, with a lawyer in Romania and one in the requesting state, can significantly improve the chances of a fair outcome.

9. What can you do in practice if you or a relative faces extradition?

• Do not ignore summonses or police enquiries. Avoiding them does not make the problem go away – it may lead to arrest and international warrants.
• Get a lawyer immediately. Preferably, choose someone familiar with extradition, international cooperation and human rights arguments.
• Gather documents early:
  • medical reports (chronic illnesses, psychiatric issues, disabilities);
  • proof of family ties and integration in Romania (marriage, children, employment, property);
  • any relevant documents from the foreign case (indictments, judgments, police reports).
• Do not rush to consent to extradition before understanding:
  • the possible sentence and regime in the requesting state;
  • detention conditions there;
  • how strong the prosecution case appears to be.
• Inform your family about potential costs (lawyer fees, travel, translation, and – in case of evasion – the risk that the state will claim extradition expenses from you).
• If you need assistance for a case linked to Romania, you can contact a lawyer using, for example, the contact page:
  Contact – Măglaș Alexandru – Law Office.

FAQ – Extradition to and from Romania

1. Can Romanian citizens be extradited?

Yes, but under specific conditions. Romanian citizens can be extradited if the conditions in Law 302/2004 are met (double criminality, minimum punishment thresholds, no prescription or amnesty, no mandatory ground for refusal) and any applicable international treaties allow it. If Romania refuses to extradite one of its own citizens, it may be obliged, at the foreign state’s request, to take over the criminal proceedings and prosecute the case in Romanian courts.

2. Can extradition be refused due to risk of torture or inhuman treatment?

Yes. Article 21 of Law 302/2004, read in conjunction with Article 3 ECHR, requires refusal of extradition where there are serious reasons to believe that the person would face torture or inhuman or degrading treatment or punishment, or a flagrant denial of the right to a fair trial. Romanian courts examine this based on concrete evidence (official reports, ECtHR case-law, NGO reports etc.).

3. How long does an extradition procedure usually last?

The law imposes short deadlines for provisional arrest, appeals and judgments. Many cases are resolved within a few months, but complex ones – especially where human rights issues are raised, or multiple states request extradition – can last longer. The procedure is always treated as urgent and continues during judicial holidays.

4. Who pays for extradition – and can the state recover its costs from me?

Initially, extradition costs incurred on Romanian territory are borne by the Romanian state (Article 76 Law 302/2004), while some categories (witnesses/experts, certain transfers and transit costs) are borne by the requesting state (Article 16). Since Law 173/2024, if you have evaded prosecution, trial or execution, those costs can be included in the judicial expenses imposed on you, and the state can also bring a separate civil action to recover costs of bringing you back to Romania.

5. Are my family’s costs (lawyers, flights, hotels) reimbursed?

Generally no. Fees paid to chosen lawyers, travel and accommodation for family members, and private expert reports are not reimbursed by the state and remain private expenses. Only certain necessary costs recognised by the court can be included as judicial expenses.

6. What is the difference between extradition and the European Arrest Warrant (EAW)?

Extradition is the classic cooperation mechanism, usually used with non-EU states, with broader grounds for refusal and more formalities. The EAW is an EU instrument designed to simplify and accelerate surrender between Member States, with stricter deadlines and narrower refusal grounds, based on mutual recognition of judicial decisions. Both are regulated by Law 302/2004, but under different titles.

7. What should I do in the first 48 hours after learning about an extradition case?

You should:

• request immediate legal assistance (chosen or court-appointed lawyer);
• avoid signing any consent to extradition before understanding the consequences;
• ask your family to gather medical documents and other relevant evidence quickly;
• explain to the lawyer any specific risks you would face in the requesting state (health, family situation, asylum-related issues etc.).