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Category: Criminal Law & Criminal Procedure

Cross-border maintenance: establishment, recalculation and enforcement when the debtor is in another State

When the maintenance debtor lives in another country, the main challenge is making your decision portable and enforceable abroad—especially if the debtor changes jobs or relocates repeatedly. This step-by-step guide explains competence, EU tools, Hague 2007 cooperation, documents, income proof, recognition/enforcement routes, and practical file-building to avoid delays.

Minor Leaving Romania: When You Need the Other Parent’s Consent and What to Do If They Refuse

Who must sign, what the notarised declaration must contain, common travel scenarios (holiday, visitation, relocation), plus checklists for 7 days before departure and departure day—and what to do legally if consent is refused.

Child relocation abroad after separation: agreement, court, evidence, and how to avoid abduction allegations

A cross-border move can change a child’s school, routine, and the practical ability to see the other parent. Under Romanian law, the child’s residence is a major decision in joint parental authority and normally requires both parents’ agreement or a court decision based on the child’s best interests. This guide explains negotiations, evidence, and prevention steps that reduce conflict and Hague 1980 risks.

How to enforce abroad a Romanian court order about a child (EU and non‑EU): recognition, enforcement, urgent options

A Romanian court order about a child may be valid on paper, but still hard to implement abroad unless you use the correct cross‑border “lane” (EU vs non‑EU) and provide the right certificates and documents.

In the EU (except Denmark), Brussels II ter (Regulation (EU) 2019/1111) makes recognition automatic and removes the separate exequatur step for enforcement, but enforcement still runs through local courts and procedures and can be challenged on limited grounds.

Outside the EU, the Hague 1996 Child Protection Convention is often the main route (including the UK post‑Brexit). This article explains recognition vs enforcement, urgent options, two mini‑scenarios (RO→Italy; RO→UK), and a checklist to reduce delays.

Evidence from abroad in divorce & child custody cases: witnesses, documents, video hearings, letters rogatory

When a spouse or a child’s daily life is abroad, the most important evidence is often abroad too.

Within the EU, Romanian courts can request evidence through the Taking of Evidence Regulation: Reg. (EU) 2020/1783 (consolidated text).

Good strategy is not about shortcuts; it is about lawful collection, usable formats, and anticipating how the court will actually take the evidence.

Forum shopping in international divorce: how to protect yourself when the other spouse files first (EU, Brussels II ter)

In international divorce, timing can become procedure. In the EU, the first court seised often gets priority, while the second may be forced to pause.

This guide explains forum shopping, the effect of filing first, and what “lis pendens” means in practice under Brussels II ter / Brussels IIb (Reg. 2019/1111).

Includes a “first 72 hours” checklist and when a premium strategic review is worth it (mobility, mixed couples, children, assets in multiple countries).

Recognising a Divorce Granted Abroad in Romania: Steps, Documents, Pitfalls (Civil Status, Name)

A divorce granted abroad can be valid, yet still not appear in Romanian civil status records until you register it as a “mention” (mențiune).

EU vs non‑EU matters: in many EU cases recognition is automatic, but your civil‑status file still needs the right documents, stamps and translations.

Use this checklist to avoid the classic delays: missing finality, wrong apostille route, unclear surname after divorce, and filing with the wrong office.

Applicable law for divorce in the EU: when it matters and how it can change the outcome (Rome III)

If you are part of the EU diaspora, your divorce can involve two different questions: which country handles it, and which country’s divorce law is applied.

In 17 EU Member States, the Rome III Regulation can let spouses choose the divorce law (within strict limits) or decide it through a default cascade. EUR-Lex summary.

This guide explains how Rome III works in practice: where it applies, how to make a valid choice, common risks, and when a premium strategic review is justified. Rome III full text.

Divorce When Spouses Live in Different Countries (EU / non-EU): Where to File and How to Avoid Parallel Proceedings

When spouses live in different countries, multiple courts may claim jurisdiction and timing can trigger “race to court” and parallel proceedings. This article explains the EU rules (Brussels II ter, Rome III), the UK post-Brexit framework, and practical steps to pick the right forum early and keep the case on one track.

Crime outcomes in Romania (2024): offence-type statistics you can actually cite (and the gaps)

A data-first snapshot (2024): prosecutor outcomes (non-indictment vs indictment) and offence-specific court caseload + final convictions where Romania publishes official, citable datasets.

How many criminal cases reach court in Romania? Dismissal, waiver, and plea deals – explained with official stats

This educational guide explains, in plain English, what “dismissal (classification)”, “waiver of prosecution”, “sending the case to court (indictment)”, and “guilty plea agreement” mean in Romania, how they show up in public statistics, and what those numbers do (and do not) mean in real life.

International successions involving Romania: complete guide + European Certificate of Succession + typical scenarios (assets in 2–3 states)

When a succession involves assets or heirs in 2–3 countries, the “hard part” is not only proving heirship—it’s aligning jurisdiction, applicable law and documents that will be accepted abroad. This guide is a source-linked hub on Regulation (EU) 650/2012 and the European Certificate of Succession (ECS), with practical checklists and typical Romania + EU scenarios.

International child abduction, custody and contact rights: rapid steps, authorities, timelines (Romania – EU – non-EU)

When a child is removed or kept across borders without consent or a court basis, time becomes critical. This guide explains the 1980 Hague Convention in plain English, how it interacts with the EU regime (Brussels IIb), who the key authorities are, and what practical steps help immediately—including a first-48-hours checklist.

Commercial Property Due Diligence in Romania: Checklist for Foreign Investors

The article provides a practical checklist for foreign investors looking at Romanian commercial properties, from title and urban planning checks to leases, permits and tax issues. It helps buyers structure their due diligence process so that major legal and commercial risks are identified before signing.

Contesting a Romanian Inheritance When Some Heirs Live Abroad and the Will Is Disputed

This article explains how and when Romanian inheritances and wills can be challenged, particularly when part of the family now lives in other countries. It covers claims of invalid wills, forced heirship rights, jurisdiction issues and how heirs abroad can coordinate effectively with Romanian lawyers and notaries.

Estate Planning for Romanian Assets: Wills and Cross-Border Succession for Diaspora and Foreigners

The article focuses on how diaspora and foreign nationals can structure wills and estate plans when they hold Romanian assets but live in other countries. It explains applicable law choices, interaction with EU Succession Regulation and local notarisation, helping families avoid future disputes and unexpected tax or procedural hurdles.

Forced Sale and Judicial Auctions of Romanian Property to Satisfy Foreign Judgments or Debts

This article explains when and how creditors can force the sale of Romanian real estate to enforce foreign court judgments or unpaid international debts. It covers recognition of foreign titles, steps of judicial auctions, debtor protections and how creditors abroad can coordinate effectively with Romanian bailiffs and courts.

How Foreign Banks and Lenders Can Secure Mortgages and Enforce Them on Romanian Property

The article outlines how foreign banks and lenders can structure and register Romanian mortgages over local real estate to secure cross-border loans. It then explains enforcement routes in case of default, from starting enforcement procedures to judicial auctions, and how these interact with foreign finance documents.

Enforcing Co-Ownership Agreements and Pre-Emption Rights in Romanian Property with Owners Abroad

This article discusses how co-owners who live abroad can effectively enforce co-ownership agreements and contractual or legal pre-emption rights over Romanian property. It explains typical clauses, what to do when a co-owner sells without respecting your right of first refusal, and the court actions available to protect your position.

Correcting Land Book Errors and Title Problems for Foreign Property Owners in Romania

The article explains the most common land book and title issues encountered by foreign owners of Romanian property and how they can be fixed. It covers typical discrepancies, available procedures before the land book office and courts, and why resolving them early is crucial for future sales, mortgages or inheritance planning.

Resolving Co-Ownership and Partition Disputes in Romania When Heirs Live Abroad

The article addresses families with inherited Romanian property where co-owners now live in different countries and cannot agree on use or sale. It explains the main legal tools under Romanian law – partition actions, court-supervised sales and settlement options – and how heirs abroad can coordinate effectively with local counsel and courts.

Buying Romanian Property with a “Complicated History”: Restitutions, Co-Owners Abroad and Hidden Risks

The article explores legal and practical risks specific to Romanian properties with a “complicated history”, from nationalisations and partial restitutions to disputes between heirs living abroad. It explains how to structure due diligence, review land book records and manage co-ownership issues so that foreign investors avoid expensive surprises after signing.

Filing a Criminal Complaint in Romania as a Foreign Victim (Fraud, Online Scams, Violence)

The article walks foreign victims through the Romanian criminal complaint process, from choosing where and how to report to understanding deadlines and language issues. It explains your core rights as an injured party, options for appointing a lawyer, evidentiary tips for online fraud and how Romanian authorities cooperate with other states when offences are cross-border.

Arrested on Arrival in Romania for an Old Case: Emergency Guide for Non-Residents

This emergency guide describes what happens when border police detain you on entry to Romania because of an old warrant or judgment and how fast things move afterwards. It sets out your key procedural rights, the role of defence counsel, possible detention scenarios and immediate steps that non-residents and their families abroad should take to regain control of the situation.

Cybercrime Allegations in Romania Involving Foreign IT Professionals and Digital Nomads

The article discusses why Romania attracts foreign IT talent and digital nomads and how this sometimes intersects with investigations into hacking, online fraud or illegal access to systems. It explains the main cybercrime offences under Romanian law, typical evidence used by prosecutors and practical steps to take if you or your company become involved in a Romanian cybercrime case.

White-Collar Crime in Romania: Risks for Foreign Executives and Investors

This article outlines how Romanian prosecutors and tax authorities approach business crime, from tax evasion and corruption to EU-fund fraud and money laundering. It highlights where foreign directors and shareholders can become personally exposed, how audits turn into criminal files and what governance, compliance and defence strategies help reduce the risk of investigation or indictment.

Under Criminal Investigation in Romania While Living Abroad: What You Need to Know

The article addresses both Romanian citizens and foreign nationals who discover they are suspects or defendants in a Romanian criminal file while residing abroad. It explains how such cases are registered and notified, how Romanian procedure interacts with ECHR and EU fair-trial standards, and which practical measures you can take to manage the risk of arrest warrants, border alerts and in-absentia proceedings.

European Arrest Warrant & Extradition: Defending Yourself When Romania Requests Your Surrender

This guide explains step by step how the European Arrest Warrant system operates when Romania is the issuing state and what happens procedurally in the executing country. It details typical types of Romanian cases that lead to EAWs, your fair-trial rights, the link with Romanian criminal proceedings behind the warrant and key defence arguments in both EU and non-EU surrender procedures.

Inheritance in Romania for Foreigners and Expats: Navigating Succession Law

The article offers a structured overview of how cross-border estates are handled when assets or heirs are connected to Romania, including the role of habitual residence and choice-of-law under EU rules. It explains what happens in intestate cases, how wills and forced heirship work under Romanian law and which practical steps foreign heirs and expats should follow with notaries and local courts.

Modification of Child Maintenance (Increase or Reduction): When You Can Request a Change and What You Must Prove

This article explains in clear terms when child maintenance ordered by a Romanian court can be increased, reduced or terminated. You will understand the legal framework, the types of changes in income or needs that justify a new claim, and what practical evidence courts expect in practice.