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

If you are a foreign national and you have been cheated by a scheme with links to Romania, or you have been the victim of a crime (theft, assault, domestic violence, rape, online fraud) while in Romania, it is completely normal to feel overwhelmed. The justice system works in another language, the rules seem complicated, and the perpetrators can appear “untouchable” because they hide behind Romanian bank accounts, shell companies or anonymous online profiles. Even so, you have clear rights under Romanian and EU law, and your criminal complaint can trigger a real investigation.

This article is written specifically for foreign victims. It explains, in accessible language, when Romanian authorities have jurisdiction, how you can file a criminal complaint from abroad, what information and evidence you should prepare, what your rights are as a victim in Romanian criminal proceedings, and how you can follow the case from another country. The content is based on provisions of the Romanian Criminal Procedure Code, special legislation on victims, and Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime.

When Romanian authorities have jurisdiction

Before deciding where and how to file your complaint, you need to understand one key issue: where the authorities have jurisdiction to investigate and prosecute the case. In criminal law this is usually called jurisdiction or the territorial application of criminal law. In Romania, the basic rules are in the Criminal Code, complemented by international treaties and EU instruments.

1. The offence was committed on Romanian territory

The starting point is the territoriality principle: if an offence is committed in Romania, Romanian criminal law applies and Romanian authorities (police, prosecutors, courts) have jurisdiction. For example:

• you were physically assaulted in a bar in Bucharest;
• your phone was stolen from your hotel room in Cluj;
• you were the victim of a sexual offence while on holiday at the seaside;
• you were tricked or threatened by someone you met in person in Romania.

In all of these situations, Romania clearly has jurisdiction, regardless of the nationality of the victim or the perpetrator. The fact that you have already left Romania does not prevent you from filing a criminal complaint or from the case being continued.

2. The perpetrator or a key part of the activity is in Romania

In online fraud cases it is often difficult to pinpoint the exact “place” of the crime. Romania may still have jurisdiction where:

• the bank account you paid into is held at a Romanian bank;
• the company or person who issued the invoice or contract is registered in Romania;
• the IP addresses, devices or servers used for the fraud are located in Romania;
• the suspect is identified as a Romanian national or resident, even if the fraud took place online.

For example, if you are a German citizen and you were deceived by an “investment firm” with an English-language website, but the funds were wired to a Romanian IBAN account, it is very likely that the Romanian authorities can open a criminal case, even though you made the payment from abroad.

3. Romanian victims abroad and links with Romania

The rules on the application of the Romanian Criminal Code also cover situations where Romania has jurisdiction over offences committed abroad, for instance when the offender is a Romanian national or when the victim is Romanian, subject to certain conditions. This may become relevant if you are a foreign victim but the crime involves several co-perpetrators, some of them Romanian, or if there are overlapping investigations involving Romanian victims. In practice, such situations are assessed on a case-by-case basis, and international cooperation between states (European Investigation Orders, mutual legal assistance) is essential.

4. When it is not clear who has jurisdiction

In reality, many online fraud schemes span several countries: you are in one state, you pay from a bank account in another, the money ends up in an account in Romania and may then be moved on to other jurisdictions. This does not mean that nobody has jurisdiction. Typically:

• you can file a complaint both in your home state and in Romania;
• the authorities can decide where the “main” case should be handled and how to cooperate (using European Investigation Orders or mutual legal assistance requests);
• it is crucial that you explain, in your complaint, all the links to Romania (account, company, person, address, IP, website, phone number).

How to file a criminal complaint from abroad

If you are already back in your home country or you have never lived in Romania, you do not have to travel to Romania just to file your criminal complaint. There are several practical options.

1. Filing with the Romanian police

You can notify the Romanian police through different channels:

• in person, if you are (still) in Romania, at any police station or prosecutor’s office. The complaint can be given verbally and recorded by the officer or prosecutor;
• by post or courier, by sending a written complaint (ideally in Romanian or accompanied by a translation) to the General Inspectorate of Romanian Police or the local police unit where you believe the offence took place;
• by e-mail or online forms. The Romanian Police has web pages and online forms for petitions. In practice, messages received by e-mail or via online forms are registered and allocated to the competent unit, especially if you attach clear documents and evidence.

The formal distinction between an “administrative petition” and a “criminal complaint” matters mainly for internal classification. In practice, what really counts is the content: if you clearly describe facts that may constitute a crime and ask for the perpetrators to be held liable, the authorities should treat it as a criminal complaint and at least carry out preliminary checks.

2. Filing directly with the prosecutor’s office

Under the Romanian Criminal Procedure Code, a complaint can also be filed directly with the prosecutor’s office. For complex fraud, serious offences or when you already know which prosecutor’s office is competent (for example, the Prosecutor’s Office attached to the Bucharest Tribunal), sending the complaint there can speed up the legal analysis. However, for a foreign victim unfamiliar with the system it is usually easier to start with the police or work through a local lawyer who knows exactly where to file.

3. Through your embassy or consulate

If your home state has an embassy or consulate in Romania, they can support you within certain limits:

• they can explain, in your language, the general steps for filing a complaint;
• they can help you get in touch with the local police or prosecutor’s office;
• in some cases, they may help transmit documents or arrange interpretation.

However, the embassy is not your lawyer and cannot replace the police or prosecutor. As a rule, you or your lawyer will actually file the complaint. The embassy can facilitate communication and may help you understand what is happening.

4. Filing in your own country, with transmission to Romania

If you feel more comfortable speaking to the authorities in your own country, you can file a complaint there (with the police or prosecutor’s office) and clearly explain the links to Romania. Especially within the European Union, authorities can rely on cooperation mechanisms (European Investigation Orders, mutual legal assistance requests, joint investigation teams) to send the case to Romania or request investigative measures here. This is common in online fraud cases and in offences against tourists.

5. Language of the complaint

Ideally, any complaint addressed directly to Romanian police or prosecutors should be in Romanian or accompanied by a certified translation. In practice, especially for online fraud and EU victims, authorities will often accept complaints in English, particularly if the facts and supporting documents are clear. However:

• a Romanian translation increases the chances that your complaint will be processed quickly and accurately;
• official procedural acts (summonses, orders, decisions) will be drafted in Romanian, but you have a right to be informed and, in many cases, to receive an interpretation or translation of key documents.

What information and evidence you should prepare

The quality of your complaint and the chances that the Romanian authorities will open and continue a criminal investigation depend heavily on how specific your information and evidence are. Simply saying “someone from Romania scammed me” is not enough. You need to help the investigators understand who, when, how and through what means.

1. Your identification details

Your complaint should clearly set out:

• your full name, date of birth and nationality;
• your full address (in your own country) and, where relevant, the address where you stayed in Romania;
• a phone number where you can be reached (with country code) and a reliable e-mail address;
• your passport or ID card number (especially if you used that document for identification in Romania, e.g. at a hotel).

2. A clear, chronological description of the facts

Try to describe the facts in chronological order, with as much precision as possible:

• when everything started (date of first contact, first payment, first meeting etc.);
• through what channel (social media platform, investment website, travel agency, dating app, physical encounter);
• what was promised to you (services, returns, relationship, investments);
• what you actually did (payments, sending documents, travelling, meeting people) and what happened to you (financial loss, injuries, emotional harm);
• when and how you realised that a crime had been committed (for example, no services delivered, blocked accounts, threats, disappearance of the other party).

3. Data about the perpetrator or scheme

Any specific detail can be useful, even if it seems minor. For example:

• names, nicknames, e-mail addresses, social media or app profiles (Facebook, Instagram, WhatsApp, Telegram, dating apps);
• phone numbers (with country code), including those used only for messaging or calls;
• links to websites or platforms used in the fraud (saved bookmarks or screenshots);
• company details (name, registration number, address, IBAN, website, director’s name) if you received invoices or contracts;
• Romanian IBAN accounts or e-money/wallet accounts you sent funds to.

4. Electronic evidence: screenshots, messages, e-mails

In online fraud cases, the main evidence will often be electronic. It is recommended to:

• save and attach screenshots of conversations, user profiles, payment pages and advertisements;
• save full message histories, not just fragments, so that the context is clear (for example, exporting chats to a text or PDF file);
• save original e-mails where possible (ideally with full headers rather than just screen images);
• for each transfer, note the date, amount, currency, bank, IBAN and beneficiary name.

Do not delete accounts, chats or messages, even if you would prefer to “forget” about the incident. These may be crucial pieces of evidence.

5. Medical and psychological evidence (violence and sexual offences)

If you were the victim of a physical or sexual assault:

• keep and attach medical reports and any documents from the hospital or clinic;
• note the name and address of the hospital/clinic in Romania, the name of the doctor who examined you and any case or file number;
• if you later received psychological or psychiatric treatment, this can help prove the impact on your mental health, which is relevant for compensation.

6. Financial documents

For fraud and scams, bank and payment documents are extremely important:

• bank statements showing payments made to Romanian accounts or to intermediaries suspected of being part of the scheme;
• documents on blocking your card, disputing transactions and correspondence with your bank;
• any correspondence with payment platforms, websites or brokers.

Victim rights in Romanian criminal proceedings

Under Romanian law, a person who suffered physical, material or moral damage as a result of a criminal offence is called a person injured by the offence (in Romanian: persoană vătămată). The Criminal Procedure Code (Articles 79 and following), special legislation and Directive 2012/29/EU all provide minimum standards of rights for victims.

1. Right to information

You have the right:

• to be informed about your procedural rights at the moment when you file the complaint or are heard as a victim;
• to receive information on the progress of the proceedings (for example whether criminal investigation was initiated, whether the case was closed or sent to trial);
• in certain situations, to be informed when the suspect or convicted person is released from detention, so that you can take safety measures.

These rights reflect the requirements of Directive 2012/29/EU, which requires Member States to make sure victims receive relevant information in a clear and accessible language.

2. Right to interpretation and translation

As a foreign victim you are, in principle, entitled to interpretation when you are interviewed by the police or prosecutor and, in some situations, to free translation of essential documents (for example, decisions to close the case or decisions on your requests). In practice, it is advisable to:

• state in your complaint what language(s) you speak well (for example English) and whether you need an interpreter;
• explicitly request translation of key documents if you cannot understand them in Romanian.

3. Right to participate in the proceedings

You can decide to remain only a “person injured by the offence”, or you can join the criminal proceedings as a civil party in order to claim compensation. As a civil party, you have the right:

• to be informed of court dates and to take part (directly or through your lawyer) in hearings;
• to make motions, request evidence and ask questions to witnesses through the judge;
• to challenge certain decisions of the prosecutor (for example a decision to close the case), within the time limits laid down by law.

4. Right to legal assistance

You have the right to be assisted by a lawyer of your choice, ideally one with experience in cross-border cases and working with foreign victims. In certain situations, Law No. 211/2004 on some measures to ensure the protection of crime victims allows free legal aid for victims of certain serious offences (for example intentional violent offences, sexual offences, offences resulting in death), provided that the legal conditions are met.

5. Right to protection and respect for private life

As a victim you are entitled to protection measures, especially where there is a risk of intimidation, retaliation or re-victimisation. These may include:

• protecting your contact details in public documents;
• limiting direct contact with the defendant (for example by hearing you by video link or by ensuring separate waiting rooms and security measures in court);
• special measures for vulnerable victims (children, victims of sexual violence, victims of trafficking in human beings).

6. Right to compensation

You can claim compensation for material damage (money lost, medical costs, travel expenses) and non-material damage (pain, anxiety, disruption of your personal life). There are two main options:

• a civil claim within the criminal trial – you join the case as a civil party and ask the criminal court to order the defendant (and possibly an insurer) to pay damages;
• a separate civil action, brought after or alongside the criminal proceedings.

Law No. 211/2004 also provides that certain categories of victims may be entitled to state compensation under strict conditions (usually for serious intentional violent crimes committed in Romania or in the EU).

Following the case from abroad

One of the biggest sources of frustration for foreign victims is the feeling that their case has “disappeared” into an unfamiliar system. It is therefore important to organise from the outset a realistic strategy for following your case from another country.

1. Appointing a lawyer in Romania

Although not mandatory, appointing a lawyer in Romania is, in practice, the most effective way to protect your interests. A lawyer:

• can represent you in dealing with the police and prosecutor’s office, file the complaint and lodge applications and submissions on your behalf;
• can request updated information on the status of the case, within the limits of the law;
• can represent you in court if the case goes to trial, so that you do not have to travel for every hearing;
• can coordinate with lawyers in your home country to build a consistent cross-border strategy.

2. Long-distance communication with authorities

Police and prosecutors typically communicate by post and sometimes by e-mail or phone. As a foreign victim:

• make sure your e-mail address is clearly mentioned in the complaint and check it regularly (including your spam folder);
• keep all file numbers and contact details you receive (local police unit, prosecutor’s office, name of the officer or prosecutor handling the case);
• consider asking that communications be routed through your lawyer, which is often more efficient.

3. Remote hearings and videoconferencing

In some cases the victim or witnesses may be heard via videoconference, especially where they are located in another EU Member State and travel would be difficult or expensive. EU judicial cooperation instruments and international conventions actively encourage such alternatives in order to avoid re-victimisation and unnecessary delays.

4. Translations and understanding decisions

Key decisions (for example closing the case, sending it to trial, the final judgment) will be issued in Romanian. Depending on the circumstances:

• you have the right to be informed, in a language you understand, of the essential content of those decisions;
• you can request translation, either through the authorities (under your rights as a victim) or by having your lawyer arrange for an official translation;
• it is crucial to know the time limits for challenging decisions (for example the deadline to appeal against a decision to close the case) so that you can act in time.

5. Realistic expectations about duration and outcome

Even where the evidence seems clear, criminal investigations – especially cross-border online fraud cases – can take many months or even years. It is important to manage expectations:

• some types of online fraud involve networks operating across several countries, which makes it difficult to identify all perpetrators;
• in some cases, even if the perpetrator is identified and convicted, full recovery of your loss may be impossible (the money has been spent or moved on);
• your complaint may nonetheless help dismantle larger criminal groups and protect future potential victims.

Conclusions

If you are a foreign victim of a crime linked to Romania – whether an online investment fraud, a romance scam, theft or physical assault – you are not without protection. Romanian and EU law recognise your status as a victim, grant you procedural and substantive rights, and oblige authorities to treat you with respect, to provide information and to offer protection where necessary.

The key steps are: drafting a clear and well-documented complaint, choosing the appropriate channels for sending it to Romania, knowing and exercising your rights (information, participation, compensation) and organising yourself so that you can follow the case from abroad, ideally with the support of a Romanian lawyer. No procedure can guarantee full recovery of your loss or the conviction of all perpetrators, but a solid complaint and a well thought-out strategy significantly increase your chances of obtaining some form of justice and reparation.

Useful sources

• Romanian Criminal Procedure Code (official consolidated text, in Romanian)
• Law No. 211/2004 on measures for the protection of crime victims (in Romanian)
• Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime
• Victim Support Europe – overview of the Victims Rights Directive
• Romanian Police – information and contact
• Online petition form – Bucharest Police (example of electronic complaint)