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Calculating prison sentences in Romania (practical guide, with examples)

The article explains how courts combine penalties when there are multiple offences, prior convictions or suspended sentences, using worked examples. It also clarifies the impact of detention credit, sentence reductions and parole, helping you understand what a nominal sentence actually means in practice.

Why the way a prison sentence is “calculated” matters

In criminal practice, the question “How many years in prison can I get?” almost always has the same answer: “it depends”. It depends on the specific minimum and maximum limits laid down by law for the concrete offence, on mitigating or aggravating circumstances, on whether the defendant admits the offence, on the form of plurality (concurrence, recidivism, continued offence), on special situations (attempt), on the defendant’s conduct and on the general criteria for individualising punishment.

All these aspects are expressly regulated in the Criminal Code and the Criminal Procedure Code. This article puts them together, with calculation formulas and numerical examples, so that you can understand what can happen in your case in real and verifiable terms.

1) Key concepts: general limits vs. special limits

1.1. The general limits of imprisonment

Imprisonment is the deprivation of liberty for a determined period, between 15 days and 30 years (separate from the penalty of life detention). This is the “general” range within which, in the abstract, custodial sentences can be situated.

1.2. The special limits of the sentence

For each offence, the law sets out special limits (for example, “from 2 to 7 years”). The court cannot go below the special minimum and cannot exceed the special maximum, except in the cases of statutory causes of reduction or increase, or in situations of plurality of offences (concurrence/recidivism) or continued offence, where the special rules of the Criminal Code apply.

The general criteria for individualisation (seriousness of the act, dangerousness, means used, consequences, motive, conduct, etc.) guide the choice of the sentence within the applicable limits in the case.

2) How limits “move”: mitigating circumstances, aggravating circumstances, attempt

2.1. Mitigating circumstances (arts. 75–76 Criminal Code)

When mitigating circumstances are retained, the special limits of the sentence are reduced by one third. The reduction applies only once, regardless of how many mitigating circumstances are retained. If the law provides life detention for the consummated offence, in the presence of mitigating circumstances the court applies imprisonment from 10 to 20 years.

Example. Special limits: 3–10 years. With mitigating circumstances: 2–6 years and 8 months (3 – 1/3 = 2; 10 – 1/3 = 6 years and 8 months). The court will individualise the sentence within this interval, based on the general criteria.

2.2. Aggravating circumstances (arts. 77–78 Criminal Code)

If aggravating circumstances exist, the court may go up to the special maximum and, if this is insufficient, may add an additional term: up to 2 years (without exceeding one third of the special maximum) for imprisonment, or up to one third of the maximum for a fine.

Example. Limits: 2–7 years. With aggravating circumstances, the court may apply up to 7 years; if 7 years is insufficient, it may add an additional term of up to 2 years, but may not exceed 7 + (1/3 × 7) = 9 years and 4 months. Since the law caps the addition to a maximum of 2 years, the practical ceiling remains 9 years.

2.3. Attempt (arts. 32–33 Criminal Code)

For punishable attempts, the penalty is that provided for the consummated offence, with the limits reduced by half. If, for the consummated act, the court would have oriented towards life detention, the attempt is punished by imprisonment from 10 to 20 years.

Example. Limits for the consummated offence: 4–12 years. For attempt: 2–6 years (half of each limit).

3) Procedures that reduce sentences: admitting guilt

3.1. Trial in the simplified procedure (arts. 375 and 396 para. 10 Criminal Procedure Code)

If the defendant admits the act as described in the indictment and requests trial on the basis of evidence gathered during the criminal investigation (the simplified, or abbreviated, procedure), the court will convict while reducing the special limits by one third for imprisonment and by one quarter for fines. This is a statutory benefit, not an absolute right; the reduction operates at the level of the limits, after which the judge individualises the sentence in the new interval.

Example. Limits: 3–10 years → after the simplified procedure: 2–6 years and 8 months (reduction by one third).

3.2. Plea agreement (arts. 478–485; art. 480 para. 4 Criminal Procedure Code)

During the criminal investigation, the defendant and the prosecutor may conclude a plea agreement. If the court approves it, the defendant benefits from the same reduction of limits: one third for imprisonment and one quarter for fines (art. 480 para. 4). The court may reject the agreement if it considers it unlawful or unfounded; it is not an “automatic” outcome. Recent case law confirms that the reduction is a conditional benefit, dependent on full admission of the facts and compliance with the statutory conditions.

4) Plurality of acts: concurrence, continued offence, recidivism

4.1. Concurrence of offences (arts. 38–39 Criminal Code)

In the case of concurrence (two or more offences committed before a final conviction), the court establishes a separate sentence for each act and then applies the most severe sentence, to which it adds an additional term of one third of the total of the other sentences. This rule is mandatory. There are specific rules for situations where the result would exceed by at least 10 years the general maximum of imprisonment (30 years) – under certain conditions, life detention may be imposed.

Example – imprisonment.

  • Offence A: 5 years; Offence B: 3 years; Offence C: 2 years.
  • Most severe sentence: 5 years.
  • “Other sentences”: 3 + 2 = 5 years.
  • Additional term: 1/3 × 5 = 1 year and 8 months.
  • Resultant sentence: 6 years and 8 months (5 + 1 year and 8 months).

Example – fines. The rule is identical: an additional term of one third of the total of the other fines.

4.2. Continued offence (arts. 35–36 Criminal Code)

If the same person commits, at different times, several material acts in pursuit of the same criminal resolution and each act presents the content of the same offence, we have a continued offence. The penalty is that for the offence, but the special maximum can be increased by up to 3 years in the case of imprisonment, and by up to one third in the case of fines.

Example. Special limits: 2–7 years → for the continued form, the court may exceed the special maximum up to 10 years (7 + 3) if it considers that the number and frequency of acts justify the increase.

4.3. Recidivism (arts. 41–43 Criminal Code)

Recidivism exists where, after a final conviction to imprisonment of more than one year and before rehabilitation or expiry of the rehabilitation period, a new offence is committed. The effects depend essentially on the timing of the new act in relation to the execution of the previous sentence:

  • if the new offence is committed before the previous sentence has been served (or deemed served), the sentence for the new act is added to the unserved remainder;
  • if, after serving (or deeming served) the previous sentence, a new offence is committed, the special limits for the new offence are increased by one half.

Example – post-executory recidivism. Limits 2–8 years → increase by 1/2: 3–12 years. The court will individualise the sentence within this range.

5) Special cases: life detention and legal limits for persons aged 65+

5.1. The 65-year threshold (art. 57 Criminal Code)

If, at the date of the final judgment, the defendant is aged 65 or over, life detention is not applied; instead, the court imposes imprisonment of 30 years and a ban on certain rights for the maximum duration. If the age of 65 is reached while serving life detention, the penalty may be replaced by 30 years’ imprisonment and a ban on certain rights, if the legal conditions are met (good behaviour, civil obligations paid, etc.).

6) Measures and modalities that avoid actual imprisonment: waiver, postponement, suspension under supervision

These institutions do not change the statutory limits of the sentence for the offence, but they may prevent actual execution of imprisonment if the cumulative statutory conditions are met.

6.1. Waiver of the application of the sentence (art. 80 Criminal Code)

The court may waive the application of the sentence where the offence is of reduced seriousness, the defendant’s personal circumstances are favourable and the purpose of punishment can be achieved without imposing a sentence. The law also provides cases where waiver is excluded (for example, if a very high penalty is provided for the act or in other situations expressly laid down by law).

6.2. Postponement of the application of the sentence (art. 83 Criminal Code)

The court may postpone the application of the sentence if, inter alia, the sentence established (including in concurrence) is a fine or imprisonment of no more than 2 years and the other conditions are met (lack of relevant criminal record, etc.). A supervision term is set, with specific obligations; failure to comply may lead to revocation and actual application of the sentence.

6.3. Suspension of the execution of the sentence under supervision (art. 91 Criminal Code)

If the sentence imposed (including in concurrence) is imprisonment of no more than 3 years and the conditions in art. 91 are met, the court may order suspension of execution under supervision. A supervision term is established and specific obligations are imposed; failure to comply leads to revocation of the suspension and actual execution of the sentence.

7) The practical “formula” for calculation – steps and order of application

In a typical case (without particularities from special legislation), the practical logical order looks like this:

  1. Identify the special limits for the concrete offence (for example, 3–10 years). This is the interval to which all subsequent reductions/increases will apply.
  2. Apply first the special legal causes (if any):
    • attempt → halving of the limits;
    • simplified procedure or plea agreement → reduction of the limits (−1/3 for imprisonment; −1/4 for fines);
    • mitigating circumstances → reduction of the limits by 1/3; aggravating circumstances → the possibility to go up to the maximum plus an additional term (under art. 78).

    In practice, the order in which reductions/increases are applied is justified specifically by the court; what matters is that the reductions at the level of limits (attempt, admission, mitigating circumstances) rewrite the reference interval within which the judge individualises the sentence.

  3. If there is plurality of offences, calculate for each act the sentence resulting after the steps above, then apply the rules:
    • concurrence → most severe sentence + additional term of 1/3 of the total of the other sentences;
    • continued offence → the special maximum may be increased by up to 3 years;
    • recidivism → depending on the type, either addition to the unserved remainder or increase by 1/2 of the special limits for the new offence.
  4. Check the statutory thresholds (for example, not exceeding the general maximum of 30 years, the conditions under which life detention may be imposed in certain concurrences, etc.).
  5. Assess non-custodial modalities (waiver, postponement, suspension) if the sentences and the defendant’s profile allow them.

8) Complete numerical examples

Example A – Single offence, admission in the simplified procedure, without mitigating/aggravating circumstances

  • Statutory limits: 3–10 years.
  • Admission (arts. 375, 396 para. 10): −1/3 at the level of limits → 2–6 years and 8 months.
  • The court individualises the sentence within 2–6 years and 8 months, based on the criteria in art. 74 (for example, 3 years).
  • If the sentence imposed is ≤ 3 years and the conditions are met, suspension under supervision is possible.

Example B – Attempt + admission

  • Limits for the consummated act: 4–12 years.
  • Attempt: halving → 2–6 years.
  • Admission (simplified procedure): −1/3 → 1 year and 4 months – 4 years.
  • Individualisation within the new interval; if the resulting sentence is ≤ 3 years and the conditions are met → suspension under supervision may be ordered.

Example C – Concurrence of three offences (no attempt/admission)

  • For each offence, the court sets a sentence within the special limits (based on art. 74). Suppose: A: 6 years, B: 2 years, C: 1 year.
  • Resultant sentence (art. 39 letter b): the most severe (6 years) + 1/3 of (2 + 1) = +1 year → 7 years.

Example D – Continued offence

  • Special limits: 2–7 years.
  • Continued form (art. 36): the maximum may be increased up to 10 years; the court may go beyond 7 years if the volume of acts justifies this.

Example E – Post-executory recidivism

  • Limits for the new offence: 3–10 years.
  • Recidivism after serving the first sentence (art. 43): increase by 1/2 of the special limits → 4 years and 6 months – 15 years; individualisation within this interval.

9) Frequently asked questions (FAQ)

Q1. Do sentence reductions “add up”?

A: Yes, but with nuances. Attempt, admission (simplified procedure or plea agreement) and mitigating circumstances operate at the level of limits, rewriting the interval within which the sentence is individualised. The technical order is reasoned in each case, but the basic idea is that each institution which affects the limits narrows or adjusts the interval. Aggravating circumstances work differently: they may push the sentence to the special maximum and, if this is insufficient, an additional term may be added (within the limits of art. 78).

Q2. In concurrence of offences, does the one-third reduction for admission still apply?

A: Yes. First, the court sets sentences for each offence, taking into account admission/mitigating circumstances/attempt (where applicable) at the level of each offence. Only afterwards, for the resultant sentence, art. 39 is applied: the most severe sentence + the additional term of 1/3 of the total of the other sentences.

Q3. Can I get suspension under supervision if I receive 3 years?

A: Yes, if the sentence imposed (not the limits) is no more than 3 years and the cumulative conditions in art. 91 Criminal Code are met (criminal record, conduct, etc.).

Q4. I am 65+ – can I still receive life detention?

A: No. Art. 57 Criminal Code expressly provides that, after the age of 65, life detention is not imposed; instead, the court applies 30 years’ imprisonment plus a ban on certain rights for the maximum duration.

Q5. Is the admission procedure a “guaranteed right”?

A: No. It is a conditional statutory benefit. The Constitutional Court has held that the reduction is not a fundamental right, but an advantage granted by the legislator under certain conditions (full admission of the facts, etc.).

10) A mini mental “calculator”: three quick rules

  1. Start from the special limits of the offence (and do not forget about attempt/admission/mitigating circumstances which shift these limits).
  2. In concurrence: calculate the sentences for each offence → take the most severe → add 1/3 of the total of the other sentences.
  3. Check whether you can access postponement or suspension (up to 2 years, respectively up to 3 years), depending on the sentence imposed and your legal profile.

11) Beware of common pitfalls

  • Confusing “reduction at the level of limits” with “additional term on the sentence”: for mitigating circumstances/attempt/admission the limits are reduced; for aggravating circumstances and continued offence the maximum ceiling may increase; in concurrence, an additional term of 1/3 of the total of the other sentences is added, not “up to 5 years” (that was the rule under the old code; the current code provides a mandatory 1/3).
  • Mechanical application of reductions: for example, the reduction under the admission procedure does not “turn into” an absolute right to a specific sentence – the court still has to individualise within the new interval.
  • Confusing recidivism with concurrence: recidivism has its own effects (addition or increase of limits by 1/2), different from concurrence; they should not be conflated.

12) Complementary and accessory penalties – briefly

Besides imprisonment (the main penalty), the court may impose complementary penalties (for example, bans on certain rights listed in art. 66 Criminal Code) and accessory penalties (which operate during the execution of the main sentence). In practice, many judgments expressly list the rights that are banned, the period and the conditions.

13) Conclusion

How many years in prison can you get? The correct answer is an equation between the special limits of the offence and the legal regime applicable in your case (attempt, mitigating/aggravating circumstances, admission, concurrence/recidivism/continued offence), filtered through the criteria in art. 74 Criminal Code, with a “final check” of possibilities to avoid actual execution (waiver, postponement, suspension).

Any procedural strategy (for example, opting for the simplified procedure or negotiating a plea agreement) must be assessed strictly from both a legal and a mathematical perspective, because it changes the interval within which the judge may choose the sentence.

Essential references (legal texts cited)

  • General imprisonment range (15 days–30 years) – art. 60 Criminal Code.
  • General criteria for individualisation – art. 74 Criminal Code.
  • Mitigating circumstances and effects – arts. 75–76 Criminal Code (−1/3 at the level of limits; 10–20 years where the law provides life detention).
  • Aggravating circumstances and effects – arts. 77–78 Criminal Code (maximum + additional term up to 2 years, without exceeding 1/3 of the maximum; for fines, additional term up to 1/3).
  • Attempt and punishment of attempts – arts. 32–33 Criminal Code (limits reduced by half; 10–20 years if life detention would have applied to the consummated offence).
  • Concurrence of offences and resultant sentence – arts. 38–39 Criminal Code (mandatory additional term of 1/3 of the total of the other sentences).
  • Continued offence – arts. 35–36 Criminal Code (maximum + up to 3 years; for fines + up to 1/3).
  • Recidivism and effects – arts. 41–43 Criminal Code (addition to the unserved remainder or increase by 1/2 of the limits).
  • Admission of guilt before the court – arts. 375 and 396 para. (10) Criminal Procedure Code (−1/3 for imprisonment; −1/4 for fines).
  • Plea agreement – art. 480 para. (4) Criminal Procedure Code (−1/3 for imprisonment; −1/4 for fines).
  • Character of the reduction as a “benefit” – recent Constitutional Court and case law.
  • Non-application/replacement of life detention at 65+ – arts. 57–58 Criminal Code.
  • Suspension under supervision – art. 91 Criminal Code (conditions).
  • Postponement of the application of the sentence – art. 83 Criminal Code (conditions).
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