Criminal case costs in 2025: what you pay, when and why (with 3 budget scenarios for a chosen defence lawyer)
1) The big picture: two “baskets” of costs
In a criminal case you will usually encounter two main categories of amounts:
- Private costs (you pay them directly): the fee of your chosen lawyer (it can be hourly/fixed/mixed, possibly + VAT), possible travel costs, private consultants (if you hire them separately).
- Procedural judicial costs: amounts advanced by the state along the way (for example: interpreters/translators appointed by the judicial authority, certain court-ordered expert reports, transporting witnesses, etc.), which are apportioned at the end depending on the outcome on the merits (conviction, acquittal, discontinuance). The legal basis is Chapter III “Judicial costs” of the Romanian Code of Criminal Procedure (NCPP), Articles 272–276.
Two anchor rules, useful for budgeting:
- On conviction, the defendant is generally ordered to reimburse the state for the judicial costs advanced (with the exception of court-appointed defence fees and interpreters appointed by the court, which remain with the state).
- On acquittal/discontinuance, many costs remain with the state; the court may order the civil party or the injured person to bear them, depending on their procedural fault.
Important: the civil action joined to the criminal case is exempt from court stamp duty (expressly under Article 20(8) NCPP). In practice, you do not pay a “stamp duty” in order to become a civil party in criminal proceedings.
2) The chosen lawyer’s fee in 2025: structures + VAT (when it applies)
Typical fee structures:
- Hourly (you pay for the actual time worked),
- Fixed per stage (predictability for investigation / preliminary chamber / first instance / appeal),
- Mixed (a “fixed” component + a capped hourly component),
- Success fee – only for the civil limb (a percentage of awarded damages; in the criminal limb as such, the fee is not contingent on the result).
VAT in 2025: as of 1 August 2025, the standard VAT rate is 21%; there is a reduced 11% rate for certain goods/services (generally irrelevant for legal services). If the lawyer operates under the VAT exemption regime (below the legal turnover threshold), they do not charge VAT; if they are a VAT payer, the offer/invoice will show “+ VAT”.
VAT exemption threshold: as of 1 September 2025, the turnover threshold for the special VAT exemption regime has increased to 395,000 lei; the Ministry of Finance/ANAF have published specific guidance on when registration/deregistration is required. In practice, you will increasingly see in offers the wording “fee + VAT (if applicable)”.
3) Interpreters and translations: official tariffs when they are appointed by the judicial authorities
When interpreters/translators are appointed by the judicial authority, the tariffs are regulated by Order of the Minister of Justice no. 2.907/C/2020 (in force since 1 January 2021):
- Interpretation: 30.91 lei/hour,
- Translation: 44.82 lei/page,
The tariffs do not include VAT (if the provider is a VAT payer, VAT is added on top). The Order also details how to round fractions of hours/pages.
Practical note: if you bring your own private translator/interpreter (outside a court appointment), tariffs may differ (free market). If you are a foreign national or you have documents in another language, the court/prosecutor’s office can appoint interpreters/translators and initially cover the cost (the state advances it and it is clarified at the end based on NCPP rules).
4) Court-ordered expert reports: how they are paid
Technical/accounting judicial expert reports are paid under a dedicated procedure (financial flow and responsibilities of local expert offices), regulated by Order of the Minister of Justice no. 2.827/C/2024 (published in Official Gazette no. 2/03.01.2025). The exact amount is set by the judicial authority, depending on the work. In the indicative budgets below we use estimates, precisely because the exact fee is fixed on a case-by-case basis.
5) Who pays in the end: a short legal grid
- Conviction / waiver of penalty / postponement of penalty: the defendant must pay the judicial costs advanced by the state, but not the court-appointed defence fees or the costs of appointed interpreters (these remain with the state). The civilly liable party may also be held jointly liable, depending on the case.
- Acquittal: the costs may remain with the state or be placed on the parties (for example, the civil party/injured person, if they are found to be at fault procedurally). In addition, the defendant may recover his/her own costs from the civil party, under Article 276 NCPP.
- Discontinuance: apportionment is addressed specifically in Article 275 NCPP; there are situations in which the amounts you owe the state can be very low or close to zero.
6) Bail (judicial control on bail): when it is returned and when it is forfeited
If the measure of judicial control on bail is ordered, bail guarantees appearance and compliance with obligations; the amount is set by the judicial authority (at least 1,000 lei). The rule is:
- Return of bail if there are no breaches;
- Forfeiture if, in bad faith, the obligations are breached or the measure is replaced with house arrest/pre-trial detention (under Article 217 NCPP).
7) Three budget scenarios with a chosen lawyer (illustrative examples)
Market assumption (only for illustrative calculations): 850–1,000 lei/hour for criminal law work (depending on complexity). If the lawyer is a VAT payer, you add 21% VAT. These are not “fixed tariffs”; the actual offer depends on the case, evidentiary volume, number of hearings, risks, team composition, etc.
Scenario A — “Simple, no expert reports”
Example: simple theft/possession for own use; limited evidence; 1–2 hearings.
Hourly variant (850 lei/hour)
- Criminal investigation: 6 h × 850 = 5,100 lei
- Preliminary chamber: 3 h × 850 = 2,550 lei
- Trial (1–2 hearings): 8 h × 850 = 6,800 lei
- Subtotal lawyer: 14,450 lei; + VAT 21% (if applicable): 3,034.5 lei; Total: 17,484.5 lei.
Probable judicial costs:
- Interpreters/translations: 0 lei (if not needed).
- Expert reports: 0 lei (if none are ordered).
- If there are nevertheless 2 hearings with an interpreter (2 h/hearing): 4 h × 30.91 = 123.64 lei; if 15 pages are translated: 15 × 44.82 = 672.30 lei (official Ministry of Justice tariffs, without VAT).
Alternative fee arrangements
- Fixed per stage: investigation 5,000 + preliminary chamber 3,000 + trial 8,000 → 16,000 lei (+ VAT, if applicable).
- Mixed: retainer 3,500 + hourly cap of 8 h/stage.
Scenario B — “Medium, with an accounting expert report + appeal”
Example: small-scale tax evasion, multiple acts, a key witness, accounting expert report.
Hourly variant (900 lei/hour)
- Investigation 15 h = 13,500 lei
- Preliminary chamber 6 h = 5,400 lei
- Trial 20 h = 18,000 lei
- Appeal 10 h = 9,000 lei
- Subtotal lawyer: 45,900 lei; + VAT 21%: 9,639 lei; Total: 55,539 lei.
Probable judicial costs:
- Accounting expert report: the amount is set by the court; for budgeting purposes, consider roughly 3,000–5,000 lei (estimate). The payment procedure is specifically regulated (Order MJ 2.827/C/2024).
- Interpreters/translations (if foreign-language documents appear): official tariffs (30.91 lei/hour; 44.82 lei/page – without VAT).
Alternative fee arrangements
- Fixed per stage (example): investigation 12,000 + preliminary chamber 5,000 + trial 18,000 + appeal 10,000 → 45,000 lei; + VAT: 9,450; Total: 54,450 lei.
- Mixed: fixed 30,000 + capped hourly work of 20 h during the trial phase.
Scenario C — “Complex, with multiple expert reports and many witnesses”
Example: organised crime/corruption with cross-border elements; 4–6 hearings in first instance + appeal.
Hourly variant (1,000 lei/hour)
- Investigation 40 h = 40,000 lei
- Preliminary chamber 10 h = 10,000 lei
- Trial 50 h = 50,000 lei
- Appeal 25 h = 25,000 lei
- Subtotal lawyer: 125,000 lei; + VAT 21%: 26,250; Total: 151,250 lei.
Probable judicial costs (highly variable):
- Technical/IT/financial expert reports: amount set in the case; for orientation, budget 2–3 expert reports at approximately 3,500–7,000 lei each (strictly indicative), with payment according to Order MJ 2.827/C/2024.
- Interpreters/translations (non-resident witnesses + documents): for example 4 h of interpretation + 15 pages of translation ≈ 795.94 lei (without VAT).
Alternative fee arrangements
- Fixed per stage: investigation 25,000 + preliminary chamber 8,000 + trial 40,000 + appeal 25,000 → 98,000 lei; + VAT 21%: 20,580; Total: 118,580 lei.
8) How to quickly check who bears which costs (practical logic)
- What has “the state advanced”? – interpreters/translations it appointed, court-ordered expert reports, etc.
- What did you pay directly? – fee of the chosen lawyer, private consultants, etc.
- The outcome on the merits:
- Conviction → you (as defendant) bear the costs advanced by the state (but not the court-appointed defence/interpreters – they remain with the state).
- Acquittal → as a rule, costs remain with the state; the civil party/injured party may be ordered to pay them depending on their procedural fault.
- Discontinuance → apportionment case by case (Article 275 NCPP).
9) Short questions, verifiable answers
Stamp duty on the civil action joined to the criminal case?
No. It is exempt under Article 20(8) NCPP.
Are court-appointed defence fees recovered from the convicted person?
No. They remain with the state (this rule follows from Articles 274(1) and 275(6) NCPP).
Interpreters/translations – how much do they cost when appointed by the judicial authority?
30.91 lei/hour for interpretation, 44.82 lei/page for translation, VAT not included (VAT is added if the provider is a VAT payer).
Bail: is it returned or forfeited?
The rule is return; forfeiture occurs if obligations are breached in bad faith or the measure is replaced with house arrest/pre-trial detention (Articles 216–217 NCPP).
VAT on the lawyer’s fee in 2025?
If the lawyer is a VAT payer, 21% standard VAT applies (from 1 August 2025). If they are under the exemption regime (below the 395,000 lei threshold from 1 September 2025), they do not charge VAT. You can check this directly in the offer/invoice.
10) DIY mini-calculator for estimates
- Choose the fee structure:
- Hourly: estimated hours × hourly rate.
- Fixed per stage: add up investigation + preliminary chamber + trial + appeal.
- Mixed: fixed amount + (hours × hourly rate) up to a cap.
- Apply VAT:
- If the lawyer is a VAT payer → + 21%.
- If not → 0% (no VAT).
- Add possible procedural costs (if they arise):
- Interpreters: hours × 30.91 lei;
- Translations: pages × 44.82 lei;
- Expert reports: amount set in the case (see the payment procedure).
- At the end, check who bears the costs under the outcome on the merits (Articles 272–276 NCPP).
11) How to optimise your budget (without sabotaging your defence)
- Define clearly what is at stake (risk of imprisonment? financial prejudice? reputational risk?). A case with expert reports or massive evidence requires time and proportionate case management.
- Choose the fee structure that matches the case dynamics: for cases with high uncertainty, hourly/mixed offers flexibility; for more predictable trajectories, fixed per stage offers predictability.
- Eliminate “dead time”: prepare documents, chronologies and a mapping of the evidence in advance (this reduces analysis hours).
- Clarify VAT already in the offer: “+ VAT (if applicable)” avoids surprises (differences can be significant with large budgets).
- Monitor procedural costs: ask regularly about expert reports ordered/pending and any need for interpreters/translators (sometimes the state advances costs and they are settled only at the end).
12) Additional numerical examples (for orientation)
A) Short case, no appeal
- 12 h of legal work × 900 lei = 10,800 lei; + VAT 21% = 2,268; Total: 13,068 lei.
- Interpreters/translations: 0.
- Expert reports: 0.
- Total scenario: 13,068 lei.
B) Medium case, with one expert report and appeal
- 32 h × 900 lei = 28,800 lei; + VAT 21% = 6,048; Total lawyer: 34,848 lei.
- Accounting expert report (estimate): 3,500 lei.
- Interpreters (2 hearings × 2 h): 4 × 30.91 = 123.64 lei; translations (10 pages): 10 × 44.82 = 448.20 lei (without VAT).
- Total scenario ≈ 38,920 lei (without VAT on experts/interpreters, if they are not VAT payers).
C) Complex case, trial + appeal, massive evidence
- 110 h × 1,000 lei = 110,000 lei; + VAT 21% = 23,100; Total lawyer: 133,100 lei.
- Expert reports (2 works × 5,000 lei): 10,000 lei (the exact amount is set by the court).
- Interpreters/translations (example): 6 h + 20 pages → (6 × 30.91) + (20 × 44.82) = 185.46 + 896.40 = 1,081.86 lei (without VAT).
- Total scenario ≈ 144,182 lei (rounded), to which other logistical costs may be added.
13) Notes on stages and timelines (to set budget expectations)
- Criminal investigation: can last from a few weeks to many months, depending on complexity; most of the in-depth case analysis is done here.
- Preliminary chamber: focuses on the legality of sending the case to trial and of the evidence; it can save later costs if remediable irregularities are identified.
- Trial (first instance): where most of the “contested” evidence is taken (witnesses, expert reports).
- Appeal: concentrates issues of law and fact; usually shorter than the first-instance trial, but requires careful strategy.
14) What to ask for in an offer (practical checklist)
- The fee structure (hourly/fixed/mixed) + what each instalment/stage covers.
- The time estimate (for investigation / preliminary chamber / trial / appeal), with underlying assumptions.
- VAT: whether it applies or not (21% rate from 01.08.2025).
- Travel and other logistical expenses.
- The team (senior/junior lawyers, external consultants).
- Reporting (hours, deliverables, frequency).
- Ethical clauses (no quota litis on the criminal limb).
- Options for appeal (included/not included) and for remedies (complaints, incidental proceedings).
- The policy for updating the fee if the case becomes significantly more complex.
15) Useful takeaway
- The fee of your chosen lawyer depends on the fee structure (hourly/fixed/mixed), workload and number of stages; always check VAT (21% from 01.08.2025) and whether the lawyer is a VAT payer or under the exemption regime (395,000 lei threshold from 01.09.2025).
- Interpreters/translations have official tariffs when appointed by the judicial authorities (30.91 lei/hour; 44.82 lei/page, without VAT).
- Expert reports are priced case by case and paid through the recently updated procedure (Order MJ 2.827/C/2024).
- Who ultimately pays follows Articles 272–276 NCPP: on conviction, the defendant covers the state’s costs (with the statutory exceptions); on acquittal/discontinuance, apportionment is different and many costs remain with the state.
- The civil action in criminal proceedings remains a way to seek damages without stamp duty, with a favourable budget impact for the injured party who chooses to pursue it there.
Annex – quick reference (key legal sources)
- Romanian Code of Criminal Procedure – judicial costs (Articles 272–276) and rules on apportionment and exceptions for court-appointed defence/interpreters.
- Civil action in criminal proceedings – stamp duty exemption (Article 20(8) NCPP).
- Interpreters/translators – official tariffs (Order MJ 2.907/C/2020).
- Expert reports – payment procedure (Order MJ 2.827/C/2024, Official Gazette no. 2/03.01.2025).
- VAT 2025 – standard 21% rate (Article 291 of the Fiscal Code, as amended by Law no. 141/2025).
- VAT exemption threshold – 395,000 lei from 01.09.2025 (OG no. 22/2025 and MF/ANAF guidance).
