- how house arrest is defined and where it fits among preventive measures;
- who can order house arrest and under what conditions;
- the maximum duration of house arrest and how extensions work;
- your rights and obligations while under house arrest;
- what happens if you breach the rules (including the risk of being charged with evasion);
- what remedies you have (contesting the measure, requesting revocation or replacement);
- the main differences between house arrest and pre-trial detention;
- the role of the defence lawyer at each stage.
We will refer to the Romanian Code of Criminal Procedure (Law no. 135/2010), available in consolidated form on the official legislative portal legislatie.just.ro, to Constitutional Court decisions and to case-law of the European Court of Human Rights on deprivation of liberty (for example, Guzzardi v. Italy and Buzadji v. Republic of Moldova, available on HUDOC).
For context on preventive measures and pre-trial detention in Romanian criminal proceedings, you can also consult the Romanian-language article on pre-trial detention published on maglas.ro: „Arestul preventiv în România: când poți ajunge după gratii și cum îți poți apăra libertatea”.
1. Legal framework: where does house arrest fit among preventive measures?
Romanian criminal procedure law recognises five preventive measures, as listed in Article 202 of the Code of Criminal Procedure:
- detention (police custody);
- judicial control (non-custodial);
- judicial control on bail (non-custodial but with a financial guarantee);
- house arrest (custodial);
- pre-trial detention (custodial).
Out of these five, three are custodial preventive measures (detention, house arrest and pre-trial detention) and two are restrictive-of-rights measures (judicial control, judicial control on bail). This classification is acknowledged in legal doctrine and case-law and reflects the degree of interference with personal freedom.
The general legal framework for preventive measures is provided by Article 202 CPP, which states that they may be ordered in order to ensure the proper conduct of the criminal proceedings, to prevent the suspect or defendant from absconding or to prevent them from committing new offences. The specific rules on house arrest are found mainly in Articles 218–222 CPP, while Article 221 CPP describes the content of the measure, the obligations and possible additional restrictions.
In addition, house arrest is mentioned in Law no. 254/2013 on the execution of custodial sentences and measures, which clarifies that house arrest is a measure executed only on the basis of a court order and that it is considered a custodial measure (Article 2 (3) of the law).
The Constitutional Court of Romania has examined the constitutionality of Articles 218–222 CPP in several important decisions, notably Decision no. 361/2015 and Decision no. 740/2015. Following these rulings, Parliament amended the Code to better define the maximum duration of house arrest and to ensure that the time spent in house arrest is taken into account when calculating maximum periods of pre-trial detention.
2. What does house arrest actually mean in practice?
According to Article 218 CPP, house arrest consists of the obligation imposed on the defendant to remain at his or her home or another dwelling indicated by the court, with the prohibition of leaving that place without prior authorisation from the judicial body that ordered the measure or before which the case is pending. Article 221 CPP further details the content of the measure and the obligations to which the person is subject.
In practical terms, if you are placed under house arrest:
- you must stay at the specific address indicated in the judge’s order;
- you may only leave that address for reasons explicitly allowed in the order (for example, court hearings, prosecutor’s summons, medical appointments) or upon subsequent authorisation by the court;
- you will be subject to police checks or, where technically implemented, electronic monitoring (electronic bracelet);
- you may be prohibited from communicating with certain people (other defendants, witnesses, the injured party), or from using certain means of communication in a particular way.
Formally, you remain under the authority of the judicial bodies, and failure to comply with the conditions may have serious consequences: the measure can be tightened (replaced by pre-trial detention), and in some situations your conduct may amount to the offence of evasion under Article 285 of the Criminal Code.
In comparison with pre-trial detention, house arrest allows you to remain in your own environment, keep close contact with your family and, in some cases, continue certain professional activities from home. For many defendants, this difference is essential both psychologically and practically.
3. Conditions for ordering house arrest
3.1. General conditions for any preventive measure (Article 202 CPP)
All preventive measures, including house arrest, must comply with the general conditions set by Article 202 CPP. The court must verify that:
- there is a reasonable suspicion that an offence has been committed and that the suspect or defendant committed it;
- the preventive measure is necessary to ensure the proper conduct of the proceedings, to prevent absconding or re-offending;
- the measure is proportionate to the seriousness of the alleged offence, the strength of the evidence and the personal situation of the defendant;
- no other less intrusive measure (such as judicial control) would suffice to achieve the same purpose.
These conditions are also assessed in light of the standards developed by the European Court of Human Rights regarding deprivation of liberty under Article 5 of the European Convention on Human Rights. In cases such as Guzzardi v. Italy and Buzadji v. Republic of Moldova, the Court stressed that any form of deprivation of liberty, including measures that resemble house arrest, must be strictly necessary and duly justified, and that domestic courts must provide “relevant and sufficient reasons” for ordering and prolonging such measures.
3.2. Specific conditions for house arrest (Articles 218 and 223 CPP)
Article 218 CPP provides that house arrest can be ordered only if the conditions for pre-trial detention under Article 223 CPP are met (for example, the seriousness of the offence, the existence of a danger to public order, the risk of re-offending or of influencing witnesses), but the judge considers that house arrest is sufficient to achieve the purpose of the preventive measure.
In short, the court must:
- verify that the general conditions for pre-trial detention are fulfilled (Article 223 CPP);
- assess whether a less intrusive measure (house arrest instead of pre-trial detention) is adequate in the specific case;
- motivate in detail why house arrest is necessary and sufficient and why judicial control or judicial control on bail would not suffice.
The Constitutional Court has emphasised in Decision no. 361/2015 that house arrest is, in substance, a privative measure and must be subject to strict conditions, with clear legal limits and effective judicial control, just like pre-trial detention.
3.3. Who can order house arrest and at what procedural stages?
House arrest is always ordered by a judge, never directly by the prosecutor or the police. Depending on the stage of the proceedings, different judicial authorities are competent:
- during criminal investigation, house arrest may be ordered by the judge of rights and freedoms of the competent court, upon the prosecutor’s request;
- during preliminary chamber proceedings, the measure may be ordered or maintained by the preliminary chamber judge, who also has to verify ex officio the legality and necessity of preventive measures at regular intervals;
- during the trial, the measure may be ordered or maintained by the court hearing the case on the merits or on appeal;
- house arrest may be ordered from the beginning or may result from the replacement of another preventive measure (for instance, transforming pre-trial detention into house arrest or vice versa, under Article 242 CPP).
The decision is taken after a hearing during which the defendant and his or her lawyer must be heard. The defendant has the right to present arguments, documents and proposals for alternative measures and to challenge the prosecutor’s submissions.
4. Duration of house arrest and extensions
4.1. Initial duration – 30 days
Under Article 222 (1) CPP, house arrest may initially be ordered for a period of no more than 30 days. The same maximum period applies to each subsequent extension. The court must justify why the full 30 days are necessary in the specific circumstances, or why a shorter period would not suffice.
Before the Constitutional Court’s Decision no. 361/2015, the Code did not define clear maximum limits for house arrest in some procedural stages (preliminary chamber, trial), which raised issues of foreseeability and proportionality. Following this decision and subsequent legislative amendments, the law now includes clearer time limits and links between house arrest and pre-trial detention.
4.2. Maximum duration during criminal investigation – 180 days
Article 222 (9) CPP currently sets a maximum total duration of 180 days for house arrest during the criminal investigation phase. Within this limit, the measure can be extended in increments of up to 30 days, provided that the conditions for the measure remain met and that the prosecutor requests an extension.
Each extension must be based on a fresh assessment by the judge, who must verify whether the reasons for the measure still exist or whether new reasons have emerged. Domestic case-law and the Constitutional Court’s rulings stress that the simple passage of time without concrete progress in the investigation may weaken the justification for continued deprivation of liberty.
4.3. Duration during the preliminary chamber and trial
During the preliminary chamber and the trial, house arrest can also be extended in 30-day steps, as long as the general conditions for preventive measures are met and the measure remains necessary and proportionate. The time spent in house arrest is relevant for calculating the maximum permissible duration of deprivation of liberty before conviction.
Following the Constitutional Court’s decisions and legislative amendments (including Law no. 116/2016 and later adjustments), Article 222 (10) CPP now clarifies that the time spent in house arrest is taken into account when calculating the maximum duration of pre-trial detention during the criminal investigation. In other words, the law recognises that house arrest is a form of deprivation of liberty comparable to detention, and the two measures interact in terms of maximum time limits.
4.4. Automatic termination of house arrest
Under Article 241 CPP, preventive measures, including house arrest, terminate by operation of law in several situations, notably:
- upon expiry of the period set by the court, if no extension has been ordered;
- upon reaching the maximum total duration allowed by law for that stage (for example, 180 days during the criminal investigation);
- when a final judgment of acquittal or of termination of the criminal proceedings becomes final;
- when a conviction becomes final and the custodial sentence is put into execution.
In practice, even when the law states that the measure ends “by operation of law”, the court or prosecutor should formally acknowledge this termination by an order or ruling, in order to avoid any ambiguity about the legal status of the person and the powers of the authorities to continue supervision.
5. Rights and obligations of a person under house arrest
5.1. Essential rights preserved under house arrest
Even though your freedom of movement is severely restricted, you still enjoy a number of fundamental rights, including:
- Right to defence – you have the right to contact your lawyer, to receive visits from your lawyer and to communicate with them confidentially, in accordance with Articles 10 and 83 CPP;
- Right to be informed – you must be informed, in a language you understand, of the charges against you and of the reasons and legal basis for ordering house arrest, as well as of your rights and obligations (Articles 108 and 209 CPP);
- Right to petition and to file motions – you can file complaints, motions to revoke or replace the measure and other procedural requests through your lawyer;
- Right to private and family life, within the limits compatible with the measure – you may live with your family and receive visits, provided that the court has not imposed specific restrictions;
- Right to healthcare – you may request permission to leave the house for medical consultations, treatment or surgery, based on medical documents and a motivated application. The court decides whether to authorise such movements and under what conditions.
The European Court of Human Rights has repeatedly held that states must ensure conditions compatible with human dignity for persons deprived of liberty and that access to a lawyer and to necessary medical care are essential guarantees under Article 5 and Article 3 of the Convention.
5.2. Obligations and restrictions (Article 221 CPP)
Article 221 CPP sets out the content of house arrest and the main obligations of the person subject to it, which generally include:
- The obligation not to leave the home or other designated premises without prior authorisation from the competent judicial body;
- The obligation to accept and cooperate with checks carried out by police officers or other supervising authorities (including random checks at various times of day or night);
- The obligation to appear, when summoned, before the prosecutor, the judge of rights and freedoms, the preliminary chamber judge or the trial court;
- Prohibitions on communicating with certain persons (for example, witnesses, co-defendants, the injured party), if the court orders this to prevent interference with evidence or re-offending;
- Restrictions on the use of communication tools (telephone, internet, social networks) or on engaging in certain activities (for example, exercising a specific profession or office), if the court deems these restrictions necessary;
- Other tailored obligations, depending on the particular case (for example, not to consume alcohol or drugs, not to possess weapons, to hand over certain documents or devices).
The judge can adapt these obligations to the specifics of the case, and they may be tightened or relaxed over time, depending on your behaviour and the evolution of the proceedings.
5.3. When can you leave the house while under house arrest?
House arrest does not mean that you can never leave your home. In general, leaving the house is permitted:
- in order to appear before judicial authorities (for example, court hearings, hearings before the prosecutor), when you are summoned;
- for medical reasons (consultations, treatments, hospitalisation), when the court authorises such movement based on proper documentation;
- in exceptional situations (for instance, a serious family event), if the court grants a specific authorisation.
It is essential not to leave the designated premises without express permission. Even going out “just for a few minutes” to buy something or meet someone can be considered a serious breach of the measure and may trigger both procedural consequences (replacement with pre-trial detention) and criminal liability (evasion).
6. What happens if you breach the conditions of house arrest?
6.1. From minor breaches to serious violations
Breaches of house arrest obligations can range from relatively minor (for example, contacting a person with whom communication is forbidden, without this affecting evidence) to very serious (leaving the premises without authorisation and remaining unreachable for the authorities).
Under Article 221 CPP, if the defendant intentionally and culpably breaches the obligations imposed, the court may:
- maintain house arrest but add new obligations or tighten existing ones (for instance, more frequent checks, broader communication bans);
- replace house arrest with pre-trial detention, if the judge considers that only a more severe measure can ensure the proper conduct of proceedings and public safety;
- take into account the breach when assessing the defendant’s credibility and behaviour in subsequent decisions (for example, when deciding on further extensions or on sentencing).
6.2. Leaving the house without authorisation and the offence of evasion
Article 285 of the Romanian Criminal Code criminalises evasion from lawful custody or detention. Legal doctrine and case-law have interpreted the notion of detention to include situations where a person is under house arrest. This means that leaving the premises without authorisation, or otherwise evading the control of the authorities while under house arrest, can qualify as the offence of evasion.
The basic form of evasion (Article 285 (1) Criminal Code) is punishable by imprisonment, and aggravating circumstances exist where violence or weapons are used, or where evasion is committed by a group or repeatedly. Recent legislative changes (for instance, Law no. 19/2025, sometimes referred to in the media as the “anti-fugitive law”) have further tightened the rules on evasion, especially for convicted persons who fail to report to the police to serve their sentences.
In addition, there is specialised legal analysis focusing specifically on evasion from house arrest, which highlights that treating such conduct as a separate offence may raise questions regarding the presumption of innocence. However, the current legal and jurisprudential trend is to consider that intentionally leaving the place of house arrest without authorisation is a serious breach that can be punished as evasion, in addition to the consequences in the main case.
6.3. How do the authorities react in practice?
When the police (or another supervising authority) detect a breach of house arrest conditions, they will usually:
- draw up an official report describing the breach and circumstances;
- immediately inform the prosecutor and the competent court;
- if the person has disappeared, request the issuance of a search order and take steps to locate them.
The prosecutor will decide whether to request the replacement of house arrest with pre-trial detention and whether to open a separate criminal case for evasion. The court will summon the defendant, hear them (with legal assistance) and then decide on the appropriate measure.
7. Remedies: contesting, revoking or replacing house arrest
7.1. Contesting the initial decision or extensions (Article 204 CPP)
Under Article 204 CPP, the person placed under house arrest (or whose measure has been extended) can file a contest against the judge’s ruling. The general time-limit is 48 hours from the pronouncement of the decision (if present) or from its communication (if absent), but it is essential to check the exact wording of the article and the information provided by the court to avoid missing a deadline.
The contest is heard by a higher court (for example, the court of appeal if the measure was ordered by a tribunal). The defendant has the right to be assisted by a lawyer, to present arguments and evidence and to request the replacement of house arrest with a less intrusive measure. The Constitutional Court has examined Article 204 CPP from the perspective of legal certainty, notably in Decision no. 877/2020 and subsequent case-law, insisting that time-limits and procedural guarantees must be clearly respected.
7.2. Requesting revocation or replacement (Article 242 CPP)
Even if you did not contest the initial decision, you can later request the revocation or replacement of house arrest under Article 242 CPP. Such requests are usually justified by:
- new evidence that significantly changes the picture of the case (for example, expert reports, witness statements favourable to the defence);
- a considerable lapse of time without substantial progress in the investigation or trial;
- a change in the legal classification or in the level of seriousness of the charge;
- proof that you have strictly complied with all obligations under the measure;
- serious personal circumstances (serious illness, dependants needing care, pressing family responsibilities), properly documented.
In principle, the court may:
- revoke the measure altogether (if the conditions for any preventive measure are no longer met);
- replace house arrest with a less intrusive measure (judicial control or judicial control on bail);
- maintain the measure as it is.
Recent Constitutional Court decisions, such as Decision no. 123/2023 regarding Article 218 (3) CPP, underline the need to strike a balance between protecting victims (for instance, in domestic violence cases) and ensuring that preventive measures do not become disproportionate or indefinite.
7.3. When does it make sense to file such requests?
In practice, filing too many poorly substantiated requests can be counter-productive. It is generally advisable to file a motion to revoke or replace house arrest when there is a real change in the situation:
- important new evidence has been gathered;
- the investigation has stagnated for a long time despite your cooperation;
- your behaviour under house arrest has been impeccable, and you can document this;
- your personal or family situation has changed significantly.
Your lawyer can help you assess the appropriate timing and grounds and can draft the motion in a structured, persuasive way, referring to relevant legal provisions and case-law.
8. Key differences between house arrest and pre-trial detention
8.1. Place and conditions of execution
The most visible difference is the place where the measure is executed:
- in pre-trial detention, you are held in a detention centre or prison, under constant physical custody and subject to the rules of the penitentiary system;
- in house arrest, you remain at home or at another address indicated by the court and you are mainly subject to checks and monitoring, rather than physical confinement in an institution.
From a legal perspective, both measures are forms of deprivation of liberty. From a human perspective, however, house arrest usually allows for better living conditions, more privacy and a closer relationship with your family.
8.2. Visits, communication and daily life
In pre-trial detention, visits and communications (phone calls, correspondence) are strictly regulated by law (in particular, Law no. 254/2013) and by internal prison rules. You have to request visits, they are scheduled and monitored, and your access to telephones and the internet is limited.
Under house arrest:
- you normally live with your family and can have daily contact with them;
- you may receive visits, unless the court has restricted this in the order imposing the measure;
- you generally have broader access to telephone and internet, unless specific restrictions are ordered (for example, bans on social media or on contacting certain people).
The judge can impose stricter rules if there is a risk that you might interfere with evidence or continue criminal activities using communication tools.
8.3. Psychological and professional impact
Pre-trial detention almost always has a very strong psychological impact: isolation from family, the prison environment, and the stigma associated with being “behind bars”. It can also have immediate consequences for your job or business, as you are physically unable to attend work or run your activities.
House arrest lessens some of these effects:
- you remain in a familiar setting, which may reduce anxiety and stress;
- in some cases, you can continue working remotely from home, if this does not breach any restrictions imposed by the court;
- you have easier access to documents, computers and other tools needed for your defence.
However, house arrest is still a serious measure, accompanied by stigma and pressure. You may feel that you are a “prisoner in your own home”, your movements and contacts are monitored, and any misstep can have heavy consequences.
9. The role of the defence lawyer in cases involving house arrest
9.1. Before the measure is ordered
Before the court decides on house arrest, your lawyer will:
- analyse the file and assess whether the legal conditions for any preventive measure (and especially for a custodial one) are truly met;
- challenge weak or unlawfully obtained evidence and argue against exaggerated claims of danger to public order or risk of absconding;
- propose alternatives, such as judicial control, if house arrest or pre-trial detention appears disproportionate;
- prepare you for the hearing before the judge of rights and freedoms, explaining what questions might be asked and what statements could be harmful.
In some situations, a well-prepared defence can make the difference between pre-trial detention and house arrest, or even between a custodial and a non-custodial measure.
9.2. While the measure is in force
Once house arrest has been ordered, the lawyer’s role continues to be crucial:
- monitoring the time-limits for each extension and checking that the court complies with the legal requirements for motivation;
- advising you on your obligations (whom you can speak to, what you can post online, how to behave during police checks);
- filing contests, motions for revocation or replacement when there are serious arguments and supporting evidence;
- documenting any possible abuses or disproportionate interferences by the authorities (for example, excessive or humiliating checks, unjustified refusal of medical leave).
The lawyer also coordinates the defence on the merits of the case with the strategy concerning preventive measures, so that your overall position is coherent and consistent.
9.3. Choosing the right lawyer and collaborating effectively
Because house arrest is a custodial measure and the stakes are high, it is important to choose a lawyer with experience in criminal law and in handling preventive measures. On the maglas.ro website you can find more information (in Romanian) in articles such as „Cum angajezi un avocat de drept penal (avocat penalist) din București” and „Rolul avocatului în urmărirea penală: ce face, cum te ajută și ce greșeli îți poate evita”.
Effective collaboration means being honest with your lawyer, following their advice on how to respect your obligations under house arrest and promptly informing them of any incident (for example, an unplanned check by the police, a medical emergency or a family crisis that may require leaving the house).
10. Useful links and resources
10.1. Legal texts and case-law
- Code of Criminal Procedure – consolidated version (Romanian) – see Articles 202, 218–222, 241–242;
- Article 222 CPP – Duration of house arrest (Romanian text);
- Constitutional Court Decision no. 361/2015 – on Articles 218–222 CPP and Article 241;
- Constitutional Court Decision no. 740/2015 – on Article 222 (10) CPP;
- Constitutional Court Decision no. 123/2023 – on Article 218 (3) CPP (domestic violence context);
- Constitutional Court Decision no. 877/2020 and later case-law on Article 204 (12) CPP (contests against preventive measures);
- Article 285 Criminal Code – Evasion (Romanian text);
- Guzzardi v. Italy – European Court of Human Rights (deprivation of liberty through restrictions similar to house arrest);
- Buzadji v. Republic of Moldova [GC] – key judgment on pre-trial detention under Article 5 ECHR.
10.2. Related articles on maglas.ro (Romanian)
- Arestul preventiv în România: când poți ajunge după gratii și cum îți poți apăra libertatea;
- Calitatea de inculpat în România: ce înseamnă, ce drepturi ai și cum le folosești în practică;
- Rolul avocatului în urmărirea penală: ce face, cum te ajută și ce greșeli îți poate evita;
- Servicii avocat de drept penal – Măglaș Alexandru.
11. Frequently asked questions about house arrest in Romania (FAQ)
Question 1: Is house arrest “lighter” than pre-trial detention?
From a human perspective, many people experience house arrest as less traumatic than pre-trial detention, because they stay in their own environment and can maintain daily contact with their family. Legally, however, both measures are forms of deprivation of liberty. The Constitutional Court and the European Court of Human Rights treat house arrest as a serious interference with personal freedom, subject to strict conditions, time-limits and judicial control.
Question 2: Can I go to work if I am under house arrest?
As a rule, you cannot leave the house except in situations explicitly authorised by the court. If you need to go to work, your lawyer can file a motivated application, supported by documents from your employer (employment contract, letter explaining the necessity of your presence, proposed working hours). The judge may authorise a strictly defined work schedule or may reject the request, depending on the seriousness of the case and the risks identified.
Question 3: What happens if I leave the house “just for a few minutes” without permission?
Even a short unauthorised exit can be regarded as a serious breach of your obligations. The court may replace house arrest with pre-trial detention, and in some circumstances your conduct may be treated as the offence of evasion under Article 285 of the Criminal Code. In practice, you should never leave the premises without clear, written authorisation from the competent judicial body.
Question 4: Can I receive visitors while under house arrest?
In principle, yes. House arrest does not automatically prohibit visits. However, the court may impose specific restrictions (for example, you may not receive visits from witnesses, co-defendants or the injured party, or the court may limit visits to close family members). Any such restrictions are normally stated in the judge’s order. Violating them may lead to a tightening or replacement of the measure.
Question 5: How can I challenge the house arrest measure?
You can challenge the decision ordering or extending house arrest through a contest under Article 204 CPP, usually within 48 hours of the pronouncement or communication of the ruling. The case will be heard by a higher court, which will review the legality and merits of the measure. Later, you can also file motions to revoke or replace the measure under Article 242 CPP if new circumstances arise or if the reasons that originally justified house arrest have weakened or disappeared.
Question 6: Will the time I spend under house arrest be deducted from a possible prison sentence?
In the event of a conviction to a custodial sentence, the time spent under house arrest and pre-trial detention is generally deducted from the final sentence, in accordance with the Criminal Code and the Code of Criminal Procedure. The court sentencing you must specify in its judgment the period of deprivation of liberty that is to be credited against the prison sentence.
Question 7: Do I absolutely need a lawyer if I am under house arrest?
In some situations, legal assistance is not formally mandatory, but in practice it is extremely risky to navigate house arrest and the underlying criminal case without a lawyer. A lawyer can help you contest the measure, avoid damaging statements, request revocation or replacement at the right moment and coordinate the defence strategy on both procedural measures and the merits of the case.
Question 8: What happens to house arrest if my case is closed or I am acquitted?
If the prosecutor decides to close the case (for example, by issuing a dismissal decision) or if you are acquitted by a final judgment, preventive measures, including house arrest, terminate by operation of law. In certain circumstances, you may also be entitled to claim compensation for unlawful or unjustified deprivation of liberty, under the relevant legal provisions on State liability for judicial errors and illegal preventive measures.