This page is for people (often 2+ individuals in the same file) who are investigated or prosecuted in drug cases: possession for personal use, trafficking, facilitation, or allegations framed as “organized group”/“organized criminal group”, typically involving searches, seized items, phone extraction, surveillance and tight procedural timelines.
The practical goal is to quickly clarify the legal framing (possession vs trafficking, risk vs high-risk substances, each person’s role), to map the evidence (search documentation, weighing & lab analysis, digital evidence, wiretaps), and to plan the next steps with the prosecutor/police and in court. For a first review, send the documents you received and a short timeline (who, when, where, what was seized, what you were told, what deadlines you have).
Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.
When you need this
- You had a home/body search and substances, cash, phones, laptops or other items were seized.
- You were summoned for a statement as a suspect/defendant or you received an ordinance or formal notice in a criminal file.
- The file is with DIICOT/prosecutor’s office and includes trafficking or distribution allegations.
- The case is presented as “group/organization” and you need to separate roles, timelines and actual links between persons.
- There is a risk of preventive measures (judicial control, house arrest, pre-trial detention) and deadlines are short.
- The prosecution relies on phone chats, app messages, contacts, locations or digital extraction reports.
- The evidence includes multiple packages/doses, scales, zip bags or cash and the framing is disputed (personal use vs trafficking).
- More than one person is involved (friends, coworkers, roommates) and “guilt by association” or conflicting statements are a risk.
- You face seizure of assets or blocked accounts and need a plan for measures and potential confiscation issues.
What we do, step by step
- We build a clear timeline and a “case map”: parties, procedural status for each person, alleged acts, key documents, urgent deadlines.
- We assess the legal framing: possession for personal use vs trafficking, roles (principal/accomplice), risk vs high-risk substances, and whether “organized group” allegations are realistically supported.
- We review the core procedural acts for searches and seizures: warrant/authorization, minutes, inventory lists, witnesses, sealing, photos, and chain-of-custody logic.
- We analyse physical evidence: weighing, packaging, sampling, lab reports and any technical reports, focusing on how evidence was collected and preserved.
- We analyse digital evidence: phone extraction reports, chats, metadata, locations and how messages are interpreted in context.
- We prepare statements and procedural communication: what can be clarified safely, what requires document review first, and how to avoid inconsistencies in multi-person cases.
- We address preventive measures: arguments for release or lighter measures, conditions, compliance and requests to modify obligations where justified.
- We plan evidence requests and challenges: requests for access, additional evidence, expert review, and procedural objections where appropriate.
- If the case goes to court: preliminary chamber strategy (legality of evidence), evidence management at trial and defence on roles and individualisation, without promises about outcomes.
Documents/information useful for the first assessment
| Document | Why it matters | Notes |
|---|---|---|
| Search warrant/authorization + search minutes | Shows legality, scope and how the search was carried out and recorded | Include annexes (photos, sketches) and any objections noted on the spot |
| Seizure/inventory minutes + proof of seizure | Lists exactly what was taken (substances, cash, devices) and how it was sealed | Key for chain-of-custody and integrity questions |
| Ordinance/notice regarding suspect or defendant status | Clarifies the allegations, timeframe and the role attributed to you | Send all summonses and any written notices with deadlines |
| Laboratory reports (drug identification & classification) | Confirms substance type and category (risk/high-risk) which affects legal framing | Check sampling, quantities, methods and conclusions |
| Technical findings/expert reports | May influence interpretation of packaging, digital artefacts or alleged distribution indicators | Often decisive in how evidence is read in practice |
| Wiretap/transcript references or surveillance authorizations (if any) | In “group” files, interpretation of conversations can be central | Context and completeness matter; fragments can be misleading |
| Preventive measure documents (requests, court rulings, obligations) | Sets urgent deadlines and restrictions; challenges often have short time limits | Send the full ruling and the list of obligations |
| Seizure/asset-freeze documents (asset measures) | Affects property, bank accounts and strategy on financial aspects | Timing matters; there are specific procedural routes to contest |
Risks & common mistakes
- Giving statements before you understand the file documents and before a clear timeline exists.
- Assuming “small quantity” automatically means personal use; legal framing depends on context and evidence.
- Uncoordinated communication between people in the file after searches, leading to contradictions or harmful interpretations.
- Ignoring tight deadlines for challenging preventive measures or asset seizures.
- Signing minutes without reading carefully and without noting relevant factual objections where needed.
- Underestimating digital evidence (phone extractions), where metadata and context can matter as much as content.
- Treating “group/organization” allegations as mere labels instead of testing what concrete evidence supports them.
FAQ
How does Romanian law distinguish possession for personal use from trafficking?
The distinction depends on the legal text applied and the evidentiary context (how the substance is presented, communications, money flows, repetition, alleged distribution), primarily under Law no. 143/2000 and the general rules in the Criminal Code (Law no. 286/2009).
What should I do if there is a search (home/body search)?
Focus on procedure: identify the authorization basis, note who is present, ensure items are inventoried correctly, request copies where applicable, and record factual objections if something is incorrect; procedural rights and rules are set out in the Criminal Procedure Code (Law no. 135/2010).
What does “organized group/organization” mean and how is it handled in multi-person cases?
In practice, it can involve the offence of forming an organized criminal group under the Criminal Code and the framework under Law no. 39/2003 on preventing and combating organized crime; the defence typically starts from roles, timeframe, real connections and the concrete evidence supporting (or not) an organized structure.
How are phone chats and wiretaps used in drug investigations?
Digital evidence and interceptions are interpreted in context (who, when, what meaning), and the way excerpts are selected can influence the file; legality and evidentiary handling follow the framework in the Criminal Procedure Code.
How quickly can preventive measures be ordered (judicial control, house arrest, pre-trial detention)?
Timing depends on the procedural stage and the prosecutor’s requests, and challenges often run on short deadlines; the legal conditions and remedies are regulated by the Criminal Procedure Code.
What happens with seized money and assets (seizure/confiscation)?
Drug files can involve asset freezing and confiscation discussions under the Criminal Code and the Criminal Procedure Code, and at EU level the framework includes Directive 2014/42/EU; in Romania, the seized-asset management authority is ANABI.
Is DIICOT always involved in drug cases?
Not in every case; however, DIICOT is the specialized structure for organized crime and drug trafficking files in many scenarios; official information is available on DIICOT’s website (for example, DIICOT – citizen guide).
Contact
Relevant internal links
Sources
- Law no. 143/2000 on preventing and combating illicit drug trafficking and consumption (legislatie.just.ro)
- Criminal Code – Law no. 286/2009 (legislatie.just.ro)
- Criminal Procedure Code – Law no. 135/2010 (legislatie.just.ro)
- Law no. 39/2003 on preventing and combating organized crime (legislatie.just.ro)
- Council Framework Decision 2004/757/JHA on drug trafficking offences and penalties (EUR-Lex)
- Directive 2014/42/EU on freezing and confiscation of instrumentalities and proceeds of crime (EUR-Lex)
- DIICOT – Citizen guide (official site)
- ANABI – National Agency for the Management of Seized Assets (official site)