- a forgotten criminal file from years ago is still open,
- a suspended sentence has been activated and turned into jail time,
- an old fine or compensation order has been converted into a custodial sentence, or
- a warrant was issued after they failed to appear in court long ago.
This guide is written for non-residents who risk being arrested at the Romanian border or airport because of old criminal files or judgments. It combines Romanian criminal procedure, Schengen & Interpol rules and practical experience to show, step by step:
- how border arrests actually work in Romania (alerts, warrants, SIS/Interpol),
- typical reasons for surprise arrests on arrival,
- what rights you have immediately after arrest (lawyer, consulate, information on charges),
- how pre-trial detention, prison, bail and judicial control work in practice,
- whether and when old cases can be reopened or retried, and
- what a defence lawyer can realistically do and how family abroad can help fast.
It is not individual legal advice. But it is designed as an emergency map you (or your family) can use in the first critical hours and days after a border arrest in Romania.
How Border Arrests Work in Romania (alerts, warrants, SIS/Interpol)
Scenario: “You are being detained because of an alert in the system”
Imagine this: you present your passport at Otopeni Airport. The border police officer scans it and a red message appears on his screen. He checks the data, asks a few short questions (“Have you lived in Romania before?”, “Do you know about a case from X Court?”), then politely asks you to follow him. Within a short time, you are told that there is a warrant or alert registered against you and that you cannot enter or continue your journey.
In most cases, this happens because your details appear in one of the following systems:
- SIS (Schengen Information System) – a large-scale European database with alerts on wanted persons, people who must be refused entry, missing persons, and objects such as stolen vehicles or documents. Border police in Romania and other Schengen states consult SIS when checking passports.
- Romania’s National Signalling System (SINS) – a national system which integrates Romanian and Schengen alerts, used by police, border police and other authorities.
- Interpol systems (for example, Red Notices) – especially if the old case involves non-EU states or predates the Schengen connection.
- National police databases – for example, if a Romanian court has issued a domestic warrant for arrest or for bringing you before the court.
What kind of alerts can trigger your arrest at the border?
The most common categories that lead to a person being stopped and detained on arrival are:
- Alerts for the purpose of arrest and surrender, usually connected to a European Arrest Warrant (EAW). These are used between EU states when one state (for example, Romania) wants a person to be arrested in another member state and surrendered for trial or to serve a sentence.
- Alerts for persons wanted for arrest for extradition, used for cooperation with non-EU states through Interpol or bilateral treaties.
- Alerts for persons who must serve a sentence or be brought before a court in Romania – often based on a final judgment or on failure to appear in court.
- Entry ban / refusal of entry alerts, where the primary consequence is denial of entry. In some situations, however, refusal of entry can be combined with your detention because of a parallel criminal warrant.
At the Romanian border, officers generally must follow the “action to be taken” indicated in the alert: for example, arrest this person, refuse entry, locate and inform the issuing authority. If the alert instructs that you should be arrested for the purpose of executing a sentence or for surrender on an EAW, the border police will detain you and contact the competent police and prosecution services.
What happens immediately after the “hit”?
Once the system confirms a “hit” on your name and details, typical steps are:
- Border police verify your identity carefully (passport, other IDs, sometimes fingerprints).
- They contact the competent Romanian authority that entered the alert (for example, a local police inspectorate, a court, or a prosecutor’s office) to confirm that the alert is still valid and what action is required.
- You are informed that you are being detained and will be taken to police premises or a holding facility until you can be presented to a prosecutor or judge.
- In many cases, the Romanian authority which issued the warrant will have to send the original decision (judgment, warrant of arrest, decision activating a suspended sentence) so that local authorities can place it in your file.
From this point on, your situation is no longer “just a border control problem”. You are now in the criminal procedure system, and your rights and next steps are governed by the Romanian Code of Criminal Procedure and, where relevant, EU rules on arrest and surrender.
Typical Reasons for Surprise Arrests (old suspended sentences, unpaid fines turned into jail time, failure to appear)
Scenario 1: Old suspended sentence quietly turned into jail time
Many Romanians who moved abroad years ago, as well as foreigners who once lived in Romania, were convicted in the past for offences such as driving under the influence, minor fraud or other crimes, and received conditional or suspended sentences. These sentences usually come with obligations: not to commit new offences, to inform authorities of any change of address, sometimes to perform community work, or to pay damages to victims.
If those obligations are not respected – for example, if you disappear abroad, do not report to probation, commit a new offence or fail to pay certain amounts – the Romanian court can decide, often years later, to revoke the suspension and order that you serve the original sentence in prison. The decision to revoke can be taken in your absence if you no longer live at the address in the file and cannot be found.
From your perspective, you may believe that the old case is “over” or that “nothing happened after that court date”. In reality, the file may have continued without you, leading to a final decision that:
- revokes the suspension,
- orders the execution of the sentence in a specific prison, and
- authorises the police to search for you and arrest you.
When this happens, police can issue a national warrant and, if you live abroad or travel frequently, Romanian authorities may request an alert in SIS or an EAW so that you are arrested when crossing a border or checked by police in another country.
Scenario 2: “Just a fine” that was converted into days of imprisonment
Another common situation concerns criminal fines. An old judgment may have imposed:
- a criminal fine expressed in a certain number of “days-fine” multiplied by an amount per day, or
- a fine plus an obligation to pay court costs and compensation to victims.
If you fail to pay, the court can, under certain conditions, convert the unpaid part into days of imprisonment. This can also happen long after you have left the country, sometimes without you being aware of the new hearing date because the summons was sent to an old address.
Years later, when you re-enter Romania, you may be arrested not for the original offence as such, but for the execution of the substitute prison sentence that was ordered after non-payment of the fine or other amounts.
Scenario 3: Failure to appear in an old case
In some cases, the criminal file was already pending when you left Romania. You may have been:
- under investigation but not yet indicted,
- summoned as a defendant to trial, but you moved abroad and did not receive the summons, or
- aware of the case but believed it would “go away” if you stayed abroad.
Romanian law does allow trials in absentia under certain conditions, especially if the person cannot be found at the last known address and there is evidence that the authorities have made reasonable efforts to locate them. If you fail to appear, the court can:
- continue the trial without you,
- appoint a lawyer to represent you, and
- pronounce a judgment which can become final.
At the same time, the court or prosecutor can order your arrest in absence and issue a national warrant or, for persons abroad, request that a European Arrest Warrant or other international alert be issued. The result: the case disappears from your life for years, but the moment you cross a border, it returns very concretely in the form of an immediate arrest.
Scenario 4: Old investigations that never reached you
Sometimes there was never a trial you remember, but the Romanian police or prosecution opened a criminal investigation at some point in the past – for example, based on a complaint, a road traffic incident, a business dispute or an online transaction. If you left the country and could not be located, the file might have progressed without your knowledge, and you may have been declared “wanted” for the purpose of being brought to the prosecutor or the court.
In such cases, the alert at the border is not always about serving a sentence. It can be about bringing you in front of a judge or prosecutor so that you can be officially informed of the charges, questioned, and so on. However, depending on the seriousness of the case, you may still face the risk of being placed in pre-trial detention or under restrictive preventive measures instead of being allowed to walk free after questioning.
Scenario 5: Old civil debts combined with criminal elements
Old civil debts (bank loans, unpaid utilities, contractual disputes) do not, by themselves, lead to criminal warrants. However, if there were allegations of fraud, embezzlement, abuse of trust or other criminal conduct mixed into a civil conflict, the file may have become criminal or hybrid. If that criminal aspect results in a conviction or in an order to appear, failure to deal with it can ultimately generate a warrant that will “wait” for you at the border.
Your Rights Immediately After Arrest (lawyer, consulate, information on charges)
Scenario: “They didn’t explain anything, they just said I am under arrest”
The shock of being detained at a border or airport in a country you do not live in is intense. You may be tired after a flight, with family or children waiting in the arrivals hall, and you suddenly find yourself isolated in a separate room with officers asking you to hand over your phone and belongings.
Even in this chaotic moment, Romanian and European law give you clear rights. Knowing them helps you insist on proper treatment and avoid mistakes that could harm your case later.
Right to be informed of the reasons for your arrest
As a rule, you must be informed promptly, in a language you understand, of:
- the reason for your arrest (for example, “you are being arrested to serve a sentence of X years ordered by Court Y” or “you are wanted under a European Arrest Warrant for case number Z”),
- the nature of the offence(s) involved (for example, theft, fraud, driving under the influence), and
- any relevant decisions such as a judgment or warrant that form the basis of your arrest.
If the officers only mention “a problem in the system” or “an old case” without any details, you can calmly insist on being told what case, what court, what decision and what type of measure (pre-trial arrest, execution of sentence, warrant to bring you before the court).
Right to a lawyer
From the moment you are informed that you are under arrest or that a measure restricting your freedom is being taken, you have the right to:
- be assisted by a lawyer of your choosing (if you know one), or
- request that a lawyer be appointed for you if you cannot afford one or do not know whom to contact.
In practice, if you do not have a lawyer, the authorities will usually contact the Bar Association to appoint one. However, appointed lawyers may have limited time to prepare and may not specialise in cross-border or old-case situations. If your family or friends can quickly find and mandate a specialised defence lawyer, this can make a substantial difference to what happens in the next 24–72 hours.
You also have the right to communicate with your lawyer in private. Even if initial conversations are short (because you are being transported or processed), you can insist that further discussions take place out of earshot of the police.
Right to an interpreter and to understand what is happening
If you do not speak Romanian well enough, you have the right to:
- receive explanations and information in a language you understand, and
- have an interpreter during essential procedural acts, including when you are informed of the charges and during your first hearing before a judge.
Do not sign documents you do not understand just because you feel pressured or because “everyone is in a hurry”. You can ask for the content to be translated or explained, and you can ask to speak to your lawyer before signing any statement.
Right to consular assistance and to inform someone you trust
As a foreign citizen, you have the right to contact your consulate or embassy. The Romanian authorities should normally inform you of this right and, if you request it, notify your consular post that you have been detained. Consular officials cannot interfere directly with the court’s decisions, but they can:
- provide you with basic information about the legal system and detention conditions,
- assist you in finding a lawyer or verifying the lawyer’s details, and
- help your family reach you and send documents or funds through appropriate channels.
You also have the right to ask that a family member or another person you trust be informed of your detention. In practice, this may be handled through your lawyer, who can contact your relatives abroad and coordinate communication.
Pre-Trial Detention vs. Release Measures (bail, judicial control)
Scenario: “Will they keep me in jail until everything is finished?”
One of the first questions non-residents ask is whether they will remain in custody for months or years while their case is sorted out. Romanian law provides several preventive measures, ranging from full pre-trial detention in a facility to more flexible release measures such as judicial control (with or without bail).
What applies in your situation depends on several factors:
- whether you are being arrested to serve an already final sentence, or
- whether you are being arrested within an ongoing investigation or trial, or based on an EAW for prosecution.
The main preventive measures under Romanian law
For pending investigations or trials, Romanian criminal procedure recognises essentially five categories of preventive measures:
- Preventive arrest (arestare preventivă) – detention in a pre-trial facility, usually ordered for 30 days at a time, renewable under strict conditions and subject to judicial control.
- House arrest – you must stay at a specific address, with strict limitations on leaving and on visitors, sometimes with electronic monitoring.
- Judicial control (control judiciar) – you remain at liberty but with obligations, such as reporting regularly to police, not leaving a certain locality or the country, not contacting certain persons, and appearing when summoned.
- Judicial control on bail (control judiciar pe cauțiune) – similar to judicial control, but combined with a bail amount that you or your family must deposit as a guarantee.
- Retention for 24 hours – a very short-term deprivation of liberty used mainly at the very beginning, before a judge decides on a longer-term measure.
If you are arrested to serve a final sentence (for example, after a suspended sentence was revoked), the main question in the first phase is not which preventive measure will apply, but whether there is any possibility of release (for example, through suspension of execution, replacement of the sentence, interruption of execution for health or family reasons). This is a different legal discussion that your lawyer must examine carefully.
How judges decide between detention and release measures
When deciding whether to keep you in pre-trial detention or to release you under judicial control (with or without bail), judges typically consider:
- the seriousness of the offence and the length of the possible or already imposed sentence,
- the risk that you will abscond (run away) if released, especially as a non-resident or foreigner,
- the risk of reoffending or interfering with evidence or witnesses,
- your personal circumstances: family obligations, health, employment, stable address abroad, lack of previous criminal record or long period of lawful behaviour since the old offence.
A non-resident or foreigner is sometimes seen as a higher flight risk because they have stronger ties abroad than in Romania. This is where well-prepared defence and documentation from your family can make a real difference.
Judicial control: release under strict conditions
If the court considers that full detention is not necessary but still wants guarantees, it can order judicial control. This may include obligations such as:
- not leaving Romania or not leaving a certain locality without permission,
- reporting periodically to the police,
- informing the authorities of any change of address,
- not contacting certain persons (for example, alleged victims or co-defendants),
- appearing when summoned by the prosecutor or court.
For non-residents, judicial control can be more complicated because it may force you to remain in Romania for months, away from your job and family abroad. However, it is still preferable to being held in custody. In some cases, courts may accept adaptations, such as allowing you to live at a known address and report remotely or through specific channels.
Judicial control on bail: money as a guarantee
In more serious cases, or where the court fears that you may flee, the judge may consider judicial control on bail. In this case:
- The judge sets a bail amount, which can vary depending on the seriousness of the case and your financial situation.
- The amount can be paid by you or by a third party (for example, family abroad), usually by bank transfer into a designated account.
- If you comply with the obligations and appear when summoned, the bail can be returned at the end of the case (even if you are convicted, depending on the circumstances).
- If you violate conditions, the court can forfeit the bail and order a stricter measure, such as pre-trial detention.
Bail is not automatic and is not available in every situation. However, in cases where you are arrested on arrival for an old case and present strong evidence of a stable life abroad, it can be a powerful tool to argue against prolonged detention.
Can Old Cases Be Reopened or Re-tried?
Scenario: “I never knew about that trial. Can they really send me to prison?”
Many non-residents arrested at the Romanian border insist that they never knew about the old case, or that they were never properly summoned or informed of the trial. This raises two different but related questions:
- Can the old judgment itself be attacked (for example, to obtain a new trial)?
- Can the execution of the sentence be suspended or adjusted while the situation is clarified?
Romanian law provides extraordinary remedies that can, in some circumstances, lead to re-trial or to the reassessment of a final judgment. However, they are subject to strict conditions and are not a “second chance” for every case.
Re-opening trials held in absentia
If you were convicted in absentia (without being present at the trial) and you can show that you did not know about the proceedings and were not properly represented, there may be grounds to request a re-opening of the criminal proceedings so that you can present your defence in person.
Important aspects your lawyer will examine include:
- How and where were the summonses and decisions served? Were they sent to an address where you no longer lived?
- Did you ever sign a document acknowledging that you knew the date of the trial or that you accepted your lawyer representing you in your absence?
- Were you defended by a lawyer of your choice or only by a court-appointed lawyer whom you never met?
- Does the case fall within the scope of EU and European Court of Human Rights standards on trials in absentia?
If the conditions are met, a court can order the reopening of the proceedings, which usually means that the case is re-examined, giving you the chance to be heard, present evidence and argue for a different outcome.
Revision and other extraordinary remedies
Besides re-opening for in absentia situations, Romanian law recognises other extraordinary remedies, such as revision and, in limited cases, extraordinary appeals. These can be used, for example, when:
- new evidence appears that was not available at the time of the trial and could change the outcome,
- it is discovered that evidence used in the original trial was falsified or obtained in a fundamentally unlawful way,
- there were serious procedural violations that affected the fairness of the trial,
- a judgment of the European Court of Human Rights finds that your rights were violated in the original proceedings.
These remedies are complex, time-consuming and highly technical. They are not guaranteed ways to avoid a sentence, but they can be crucial for non-residents who were essentially tried “in their absence” or who can show that the original judgment was based on a distorted factual picture.
Limitation periods and “too old” cases
Another angle concerns limitation periods: under Romanian law, both criminal liability and the execution of sentences are subject to time limits that depend on the seriousness of the offence and the length of the sentence. If too much time has passed without meaningful action, the case may be time-barred.
However, limitation rules are highly technical. They can be interrupted or suspended by various acts in the file (for example, certain procedural steps, previous warrants, or partial execution). Only a thorough examination of the file by your lawyer – sometimes going back many years – can clarify whether a case is indeed “too old” to be legally enforceable.
Role of a Defence Lawyer and How Family Abroad Can Help
Scenario: “I’m in custody in Romania. My family is abroad. What can we actually do?”
When a non-resident or foreigner is arrested on arrival in Romania for an old case, speed and coordination are vital. The person in custody has very limited ability to gather documents, contact people or organise a defence. This is where a specialised defence lawyer and an organised family or support network abroad become essential.
What a defence lawyer can do in the first days
A lawyer with experience in Romanian criminal procedure and cross-border cases can, in the very first days:
- obtain access to the criminal file and identify exactly why you were arrested (which judgment, which warrant, what status the case has),
- clarify whether you are being held to serve a sentence or in the context of an ongoing investigation or EAW,
- advise you on whether to give a statement or to exercise your right to remain silent in the initial phase,
- gather documents that show your ties and stability abroad (employment, family, lack of recent offences) to argue against pre-trial detention,
- request a less severe preventive measure (judicial control, judicial control on bail) or explore options for interrupting or postponing execution of a sentence in special circumstances,
- assess whether there are grounds to request reopening or revision of the old case.
Just as importantly, your lawyer acts as the main communication channel between you, the court, the prison or detention facility, your family abroad and, if needed, your consulate.
How family and friends abroad can help concretely
Your family, partner or friends abroad may feel powerless, but in practice they can provide crucial support if they act in an organised way. Among other things, they can:
- Find and mandate a defence lawyer in Romania quickly – ideally someone who speaks your language or at least English and has experience with non-resident clients and old-case arrests.
- Gather documents that show your stability and responsibilities abroad, such as:
- employment contracts, letters from employers, proof of self-employment or business registration,
- proof of residence, rental contracts, mortgage documents,
- birth certificates of children, marriage certificates, medical certificates,
- character references from community members, colleagues or professionals.
- Arrange funds for legal fees, potential bail and day-to-day needs (for example, money to be deposited on your account in detention for basic items).
- Coordinate communication between different actors: lawyer, consulate, family members, employers.
- Plan for the medium term, in case you must remain in Romania for some months (temporary accommodation, care of dependants at home, management of your job or business).
Expectations: what is realistic and what is not
Even with an excellent lawyer and a supportive family, there are limits to what can be achieved quickly. It is important to have realistic expectations:
- In many cases, it is not realistic to expect that you will be released in a day or two and allowed to leave the country. Courts often take a cautious approach with non-residents and may need time to study the file and your personal situation.
- However, it is often realistic to:
- avoid long-term pre-trial detention if strong alternative measures are presented,
- obtain judicial control (with or without bail) after some weeks,
- initiate, in parallel, a procedure for reopening or revising the case when the legal conditions are clearly met.
- No lawyer can honestly guarantee outcomes such as “you will not go to prison” or “the case will be dropped”. What can be honestly promised is:
- a clear strategy,
- transparent communication, and
- the mobilisation of all available legal tools in your favour.
Practical Emergency Checklist
If you are arrested on arrival in Romania
- Stay calm and be polite; do not resist physically.
- Ask clearly: “What court or prosecutor’s office and what case is this about?”
- Ask to contact a lawyer and, if you are not Romanian, your consulate.
- Do not sign statements you do not understand; ask for an interpreter.
- Consider exercising your right to remain silent until you have spoken to a lawyer who has seen the file.
- Provide your family or friends with contact details for where you are held (through your lawyer) so they can support you.
If you are family or friends abroad
- Note the time and place of arrest, and any information you receive about the case (court name, case number, type of offence).
- Quickly identify and contact a criminal defence lawyer in Romania with experience in cross-border cases.
- Gather documents showing:
- your relative’s identity and nationality,
- employment and income,
- family obligations (children, dependants),
- health issues or other vulnerabilities.
- Prepare to send funds for:
- legal fees,
- possible bail,
- basic needs in detention.
- Stay in regular contact with the lawyer, but avoid sending instructions that could be misinterpreted as pressure to take risky or dishonest steps. Focus on providing facts and documents.
Conclusion
Being arrested on arrival in Romania for an old case is one of the most stressful experiences a non-resident can face. It often combines surprise, confusion about what happened years ago, and fear about detention and the impact on family and work abroad. But you are not powerless.
The key is to understand, as early as possible:
- why you were arrested (what judgment, what warrant, what status the file has),
- what rights you have in the first hours and days (lawyer, interpreter, consulate, information),
- what options exist to avoid or limit pre-trial detention (judicial control, bail, special circumstances),
- whether the old case can be reopened, retried or reviewed in light of your absence or new evidence, and
- how a coordinated family effort abroad can help your lawyer build a credible, documented defence.
Romanian criminal procedure and European standards provide both strict tools (warrants, SIS alerts, preventive arrest) and protective mechanisms (fair trial guarantees, rights of defence, extraordinary remedies). The difference between a chaotic, painful experience and a managed, strategic response often lies in how quickly you activate those protections and how well you use them.
Sources & further reading
- Romanian Border Police – Schengen Information System (SIS)
- Ministry of Internal Affairs – Schengen Information System (SIS) overview
- European Commission – Alerts and data in SIS
- European Commission – European Arrest Warrant (EAW)
- Romanian Code of Criminal Procedure (English translation)
- Preventive measures in the criminal procedural system in Romania
- Reopening of Criminal Proceedings in Romania in Case of a Trial in Absentia
- Maglaș Avocat – European Arrest Warrant: what happens if you are wanted in the EU
- Maglaș Avocat – Revision in criminal proceedings