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Criminal Law & Criminal Procedure

Ne bis in idem and tax evasion in Romania: when can both ANAF and the prosecutor sanction you for the same facts?

This article analyses the interplay between administrative tax penalties and criminal sanctions in tax evasion cases. It discusses relevant ECtHR and CJEU case-law, scenarios of double punishment and the legal arguments that can be used to invoke ne bis in idem and challenge overlapping sanctions.

ANAF tax audits of influencers, content creators and streamers: fiscal and criminal risks and how to respond to notices

The article explains how influencers and online creators are selected for ANAF tax audits and what income streams are typically scrutinised. It covers key tax obligations, the risk of tax evasion charges and the practical steps you should take when you receive notices or are called to a tax inspection.

Conditional release in Romania: criteria, realistic chances and how to prepare your parole file

This article sets out the fractions of the sentence that must be served before conditional release can be requested and the role of the prison administration in the process. It explains how behaviour, work and participation in programmes are evaluated and how a lawyer can help you build a convincing parole application.

Limitation of criminal liability in Romania: how time limits are calculated and what the CCR and ICCJ decisions mean for your case

The article introduces the concept of limitation of criminal liability, the standard time limits depending on the offence and the events that interrupt or suspend them. It also explains in accessible terms the key Constitutional Court and High Court rulings and how they can be invoked to seek termination of criminal proceedings.

The criminal fine and its conversion into imprisonment in Romanian law: how it is calculated and what risks you face in practice

This article explains the day-fine system used to determine the amount of a criminal fine and the circumstances in which unpaid fines may be transformed into prison sentences. It also looks at enforcement mechanisms, options for payment and how to avoid unnecessary deprivation of liberty.

Deferral of the application of the sentence and suspension of the execution of the sentence in Romania: what they mean, key differences and how they affect your criminal record

The article explains how deferral of the application of the sentence and suspension of its execution work in Romanian criminal law. It sets out the eligibility conditions, supervision obligations and consequences of breaching them, as well as the impact each measure has on your criminal record and future opportunities.

Plea Agreement vs. Simplified Trial Procedure in Romania: Differences, Advantages and Pitfalls

Important: The information below is general in nature and does not replace a concrete analysis of your file. Every criminal case has its own particularities, and the decision to go for a plea agreement or for a simplified trial based on admission of guilt should be taken together with a lawyer, after carefully reading the […]

The 6:00 a.m. Search: Ana’s Story and the Seized Servers

The article tells the story of Ana, whose home and company offices were searched at dawn and whose servers were seized by investigators. Through this case study, it illustrates how searches unfold in practice, what mistakes authorities can make and how a well-prepared legal defence can protect both personal rights and business continuity.

The criminal denunciation and the status of informer: advantages, risks and pressures in criminal cases

This article explores the role of denunciations in criminal investigations and how they can impact the liability of the person who informs. It discusses potential advantages such as mitigation of punishment, alongside serious risks including reputational damage, pressure from investigators and the consequences of false or retracted statements.

Telephone interceptions and technical surveillance: when they are allowed and how they can be challenged

The article outlines the legal requirements for authorising interceptions and other technical surveillance measures in criminal cases. It explains the safeguards imposed on prosecutors and judges, what happens if these rules are breached and how defence lawyers can seek exclusion of unlawfully obtained recordings and data.

Home and business premises searches in Romania: what rights you have and how to challenge a search

The article presents the legal framework for searches at home and at company premises, from the search warrant to the seizure of documents and devices. It explains the limits on investigative powers, your obligations and the remedies available to challenge irregularities and seek exclusion of unlawfully obtained evidence.

24-hour detention in Romania: what it means if you are taken in for questioning

This article clarifies the conditions for ordering 24-hour detention, how it differs from preventive arrest and what procedural safeguards must be respected. You will learn about your rights to information, legal assistance and silence, and the practical steps you and your lawyer should take from the first hours of detention.

International succession: cross-border inheritances and Regulation (EU) No 650/2012

This article explains the rules on international succession when the deceased or the assets are connected to more than one country. It discusses concepts such as habitual residence, choice of applicable law and the European Certificate of Succession, and how these tools can simplify or complicate estate planning and disputes.

Succession and inheritance in Romania: from death to the certificate of inheritance and when you need a lawyer

This article outlines the key stages of an inheritance procedure in Romania, including required documents, the notary’s role and how heirs’ shares are determined. It also explains when conflicts between heirs can arise and how a lawyer can help you negotiate, settle or litigate to secure your rightful share.

The International Criminal Court, the Special Tribunal for Aggression against Ukraine and Romania’s Obligations as an EU and NATO Member State

The article contrasts the ICC’s jurisdiction with the gaps around the crime of aggression and outlines current proposals for a dedicated tribunal. It then examines what this means for Romania in terms of cooperation duties, foreign policy choices and domestic implementation of international criminal law.

Practical guide for crime victims: from the criminal complaint to compensation and enforcement of the judgment

The article explains how victims can trigger a criminal investigation, participate in the proceedings and claim damages in the same or a separate action. It also covers what to do after winning a case—enforcement options, time limits and dealing with an insolvent or uncooperative offender.

Transfer of sentenced persons and serving the sentence in another Member State: options for Romanian prisoners abroad

The article outlines EU instruments on mutual recognition of sentences, eligibility criteria and the role of consent and rehabilitation considerations. It also provides practical advice for families and lawyers on initiating transfer requests and managing expectations about prison conditions and regimes.

Special confiscation and extended confiscation in economic criminal cases: how to protect your assets and bank accounts

The article clarifies when courts can confiscate assets directly linked to an offence or “unexplained” wealth, and what standards of proof apply. It then offers defence strategies for narrowing confiscation, documenting lawful income and coordinating criminal defence with tax and asset-planning advice.

House arrest in Romania: conditions, duration, restrictions and differences compared to pre-trial detention

The article sets out when courts can order house arrest, what monitoring and reporting duties you have and how long the measure may last. It also compares the practical impact on work, family and defence strategy with that of full pre-trial detention.

Non-custodial preventive measures in Romania: judicial control and judicial control on bail – rights, duties, breaches

This article explains the legal conditions for non-custodial preventive measures, how restrictions are tailored and how long they can last. It also shows how to request changes, what risks arise from breaches and how a defence lawyer can keep your freedom while the case is pending.

European Arrest Warrant: what happens if you are wanted in the EU and what you can actually do

This article explains the EAW procedure step by step, from arrest to hearings in the executing state and contact with Romanian authorities. It highlights your rights, possible grounds for refusal and how coordinated defence in two countries can change the outcome.

Waiver of prosecution in Romanian criminal law (Article 318 CPC): when it makes sense for the prosecutor not to send the case to court

The article describes the legal framework and practical uses of waiver of prosecution, including how prosecutors assess social importance and proportionality. It also highlights what defendants and victims can do to influence or challenge such a solution and how it affects future investigations or civil claims.

Complaint against the prosecutor’s solutions in Romanian criminal law (discontinuance, waiver of prosecution, indictment): steps, deadlines and strategies

This article sets out who can complain against which prosecutorial solutions, how to structure arguments and what timelines you must respect. It also offers strategic tips on evidence, coordination with civil claims and when a complaint is helpful or counterproductive.

Reopening of criminal prosecution and resumption after discontinuance in Romanian law: when and how a criminal case can be reactivated

The article outlines the legal grounds for reopening, the role of courts in approving prosecutorial requests and how new evidence or decisions can change the file. It also shows what defendants can do to contest reopening, manage risks and preserve their procedural rights.

Discontinuance of criminal prosecution in Romania (“clasarea urmăririi penale”): what it means, when it is ordered and what effects it has on your criminal case

This guide clarifies the grounds for discontinuance, how it differs from acquittal and what entries may remain in your criminal records. It also outlines appeal options, links with civil claims and when to seek legal advice even if the file seems “closed”.

Property division after divorce or inheritance: real-life stories, common mistakes and how to protect your peace of mind

The article uses examples to show how assets are divided after a breakup or a death, and which mistakes turn family tensions into long lawsuits. It explains basic rules, options for negotiation and when to involve a lawyer so that you protect both your financial interests and your emotional balance.

Consent and the Criminal Offence of Rape in Romanian Law: Where Does Agreement End and Rape Begin?

The article analyses the legal definition of rape and shows how courts distinguish valid consent from coercion, pressure or incapacity. It offers practical examples, discusses evidentiary issues and explains what victims and defendants should realistically expect during a criminal investigation.

Under Criminal Investigation or on Trial in Romania for Bribe Taking or Bribe Giving? A Practical Guide to What You Risk and How a Criminal Defence Lawyer Can Help

The article explains the offences of offering and taking bribes, likely penalties and how cooperation or plea agreements can change the outcome. It also sets out concrete steps to take if you are searched, summoned or charged, and how a criminal defence lawyer can protect your rights from the first procedures onwards.

The Criminal Offence of Fraud (Înșelăciune) in Romania: How Many Years in Prison You Risk and How a Criminal Lawyer Can Help

This article explains the basic and aggravated forms of fraud, typical sentencing ranges and factors that can increase or reduce penalties. It also shows how a criminal lawyer can challenge the facts, negotiate restitution or plea deals and protect you from having a civil conflict treated as a criminal case.

How long does a civil or criminal trial really take in Romania, and how much does it actually cost? A practical guide for clients

The article compares typical timelines and cost structures in civil and criminal proceedings, from first filing to final decision. It offers practical budgeting advice, including how to prioritise steps, when to settle and how to discuss expectations openly with your lawyer from the beginning.