How long a criminal case takes in Romania

Key message: Romanian law does not set a single “standard” duration for a criminal case; the benchmark is the “reasonable time” requirement under Article 6 of the European Convention on Human Rights (ECHR), assessed in light of the complexity of the case, the conduct of the parties and authorities, the evidence, resources, etc. If the proceedings drag on, the practical tool is the complaint regarding the duration of the criminal trial (after 1 year in the criminal investigation / first instance or after 6 months in appeal or other remedies). See, for example, the explanations on Article 6 ECHR provided by the European Union Agency for Fundamental Rights (FRA).

Contents (indicative)

Criminal investigation: what it means and how long it can last
Preliminary chamber: why that “60 days” appears and what it really means
Trial on the merits: timeframes and the “reasonable time” standard
Appeal: useful time-limits and what you can do if it stagnates
External limits: limitation of criminal liability (general framework)
Real factors that speed up or slow down a case
The “fast-forward button”: complaint regarding the duration of the criminal trial
Frequently asked questions (FAQ)
Useful internal links & contact

1) Criminal investigation: when it officially starts and how it ends

Official starting point. In Romanian law, the criminal investigation formally starts by a prosecutor’s ordinance (decision). At first, it is opened “with regard to the deed” (in rem) and only later “against a person” (in personam) when there are indications about the alleged perpetrator (Article 305 of the Criminal Procedure Code). See the consolidated text of the Code on the Romanian Legislative Portal (Codul de procedură penală).

How it can end:

Indictment (trimitere în judecată), i.e. sending the case to trial, or
A solution not to send the case to trial (for instance, a decision to close the case), under the control of the preliminary chamber judge (Articles 327–329 of the Criminal Procedure Code).

Is there a general maximum time-limit? No. There is no universal legal “cap” for the investigation. The applicable benchmark is the “reasonable time” standard under Article 6 ECHR. In parallel, the law does limit the duration of certain preventive measures at this stage, which puts pressure on the authorities to act with due speed:

Police detention: maximum 24 hours (Article 23 of the Romanian Constitution).
Preventive arrest during the investigation: initially ordered for up to 30 days, with the possibility of extensions, within the framework set by Articles 233–236 of the Criminal Procedure Code and recent case-law of the Constitutional Court (2025) on the maximum duration and proportionality of such measures. See, for example, Decision no. 106/27.02.2025 of the Constitutional Court.

Useful resource: for a detailed look at what a defence lawyer can actually do in the criminal investigation (access to the file, evidentiary requests, complaints, plea agreements, etc.), see our article “Rolul avocatului în urmărirea penală: ce face, cum te ajută și ce greșeli îți poate evita”.

If things are dragging on: once 1 year has passed from the start of the criminal investigation without real progress, you can use the complaint regarding the duration of the criminal trial (contestația privind durata procesului penal), a special remedy governed by the Criminal Procedure Code and examined in the case-law of the Constitutional Court (e.g. on the reasonableness of the 1-year / 6-month thresholds). See, for instance, Decision no. 102/2022 of the Constitutional Court.

2) Preliminary chamber: the “60 days” and how to read it correctly

What is checked here? In the preliminary chamber, the judge examines the legality of seizing the court with the indictment and the legality of the evidence gathered during the investigation (Articles 342–344 of the Criminal Procedure Code). See the Code and key decisions of the Constitutional Court on this procedure (for example regarding the legal nature of the 60-day time-limit) via the Romanian Constitutional Court’s decisions on the preliminary chamber (Decision no. 802/2017 and subsequent case-law).

How long does this stage last? The Code indicates that, “as a rule”, the preliminary chamber procedure should last 60 days from the registration of the case at the court. Constitutional Court case-law clarifies that this is a recommended time-limit, not an automatic ground of nullity if exceeded. Simple cases can pass quickly through this phase, while complex cases with many preliminary objections can exceed this 60-day benchmark without triggering automatic sanctions. The control remains that of the “reasonable time” requirement, plus the possibility to use the complaint regarding the duration of the trial if the stagnation becomes unjustified.

Practical tip for speed: prepare your preliminary objections in advance (competence, legality of evidence) and structure them clearly. A “clean” file in the preliminary chamber usually means a significantly shorter trial on the merits.

3) Trial on the merits: no fixed calendar, but strict rules on drafting the judgment

Evidence drives the calendar. In practice, the duration of the trial on the merits is largely determined by the evidence to be taken: witnesses, confrontations, expert reports, documents, recordings, etc. There is no universal legal time-limit in the Code; again, the applicable standard is that of “reasonable time” under Article 6 ECHR, interpreted in light of the case-law of the European Court of Human Rights and the Council of Europe’s guidance on judicial time management. See, for an overview, the materials made available by the European Union Agency for Fundamental Rights – Article 6 ECHR.

Drafting the judgment. The Criminal Procedure Code requires that the judgment be drafted and signed by the members of the panel that deliberated (Article 406 of the Code). Recent case-law of the High Court of Cassation and Justice has reaffirmed the strictness of the rules on deliberation and drafting; non-compliance may lead, in some situations, to nullities linked to the unlawful composition of the panel or to defective reasoning of the judgment. See, for example, the 2025 recurs în interesul legii on the composition and functioning of criminal panels published on the Romanian Legislative Portal.

If there are delays in drafting the judgment and this effectively affects your ability to lodge an appeal (for instance, because you cannot know the full reasoning), note the situation carefully and discuss with your lawyer which procedural tools are available in your particular case. In practice, courts do try to keep within reasonable drafting time-limits, but very complex cases can generate delays.

4) Appeal: benchmarks, stagnation and tools you can use

Time-limit for lodging an appeal. As a rule, the appeal must be lodged within 10 days from the communication of the minute / judgment (Article 410 of the Criminal Procedure Code). What matters here is not to miss this time-limit; the detailed grounds of appeal can often be developed in line with the procedural rules applicable to your case.

How long does it take for the appeal to be decided? Again, the Code does not set a general maximum duration. The “reasonable time” standard applies. If your appeal stagnates for more than 6 months from the moment the appellate court was seised and there is no objective justification, you can use the complaint regarding the duration of the criminal trial, as interpreted by the Constitutional Court in its decisions concerning Article 488¹ of the Code (for example, Decision no. 102/2022).

5) The external limit: limitation of criminal liability (general framework)

The limitation period (prescripția răspunderii penale) is not, strictly speaking, a duration of the proceedings, but a substantive law time-limit that extinguishes criminal liability. Depending on the gravity of the statutory penalty, the general limitation periods differ in length, and the regime of interruption has been recalibrated in recent years (including through Emergency Ordinance no. 71/2022 and decisions of the Constitutional Court). The practical takeaway is that the limitation issue must always be checked in relation to the current legal qualification of the offence and the applicable law in time. For the current form of the Criminal Procedure Code and references to the Constitutional Court’s case-law on limitation, see the materials published on the Romanian Legislative Portal – Criminal Procedure Code (updated version).

6) What factors actually shorten or lengthen the duration?

Volume of evidence. Complex forensic or accounting expert reports, computer searches, international letters rogatory, extensive technical evidence → all involve inherent technical time.
Number of persons involved. Multiple defendants and injured parties, plus the logistics of summoning everyone, tend to lengthen each phase.
Conduct of the parties. Repeated requests with little real impact on the outcome versus a focused, coherent evidentiary strategy.
Conduct of the authorities. The actual pace at which the police, prosecutor and courts draft acts, schedule hearings, and administer evidence.
Preventive measures. Periodic reviews of detention or house arrest; the strict framework on preventive arrest during the investigation (30-day periods, maximum durations) often pushes the proceedings forward. See the clarifications in Decision no. 106/2025 of the Constitutional Court and earlier case-law on Articles 207, 222, 233, 236 and 343 of the Code.
Preliminary chamber. Multiple complex objections and challenges inevitably increase the duration of this phase (within the “as a rule, 60 days” benchmark, interpreted as a recommendation, not a peremptory time-limit, in the Constitutional Court’s case-law).
Drafting the judgment. The strict requirements of Article 406 of the Criminal Procedure Code, and the High Court’s 2025 clarifications on deliberation and drafting, oblige panels to observe certain steps that can influence the timeline.
Remedies. Appeals, recourses, extraordinary remedies will naturally extend the life of a case, even though the “reasonable time” standard and the complaint regarding the duration remain applicable (especially beyond 6 months from seising the appellate court).
Legislative and jurisprudential changes. For example, changes to the limitation regime or to classification of offences may lead to re-assessments, re-openings or re-scheduling of cases.
Actual resources of courts and prosecution services. Caseload per judge/prosecutor, support staff, and infrastructure all have an impact on how quickly individual cases move through the system.

7) The “fast-forward button”: complaint regarding the duration of the criminal trial

What is it? It is a special procedure through which you ask a court to impose specific measures and strict deadlines on the judicial authorities when your case is unjustifiably delayed.

When can you lodge this complaint?

after at least 1 year from the start of the criminal investigation;
after at least 1 year from sending the case to trial (in first instance);
after at least 6 months from seising the court with an appeal, a recurs in casație (appeal in cassation) or a complaint for annulment.
These thresholds and their constitutionality have been examined and upheld in the Constitutional Court’s case-law on the complaint regarding duration – see, for example, Decision no. 102/2022.

Why is it worth using? Practice shows that courts tend to set concrete deadlines for finalising certain acts (for example, a deadline for the prosecutor to issue an indictment or a deadline for a court to rule on pending evidentiary requests), which objectively accelerates the case. Again, see the case-law interpreting the mechanisms provided by Article 488¹ of the Criminal Procedure Code on the Romanian Legislative Portal.

Want to prepare effectively for hearings? See our practical guide “Sfaturi utile pentru audierea într-un dosar penal” (how to prepare, how to manage stress, how a lawyer can help).

8) Indicative scenarios (without special complications)

Important: the following are not promises or guaranteed durations; every case has its own particularities. The standard remains that of “reasonable time” under Article 6 ECHR, and the key procedural tool when the statutory thresholds are reached is the complaint regarding the duration of the trial. For a general discussion of “reasonable time”, see the guidance around Article 6 ECHR published by the European Union Agency for Fundamental Rights.

Simple case (few witnesses, no complex expert reports):
Criminal investigation: a few months → Preliminary chamber: 1–2 months → First instance: 4–8 months → Appeal: 4–8 months.
Medium case (one accounting or IT expert report):
Criminal investigation: 6–12+ months → Preliminary chamber: 1–3 months → First instance: 8–18 months → Appeal: 6–12 months.
Complex case (criminal group, large volumes of evidence, international letters rogatory):
Criminal investigation: 12–24+ months → Preliminary chamber: 2–6 months → First instance: 1.5–3+ years → Appeal: 1–2 years.

In all scenarios, preventive measures follow their own maximum durations and review rules, which are distinct from the overall duration of the proceedings (24-hour detention; preventive arrest ordered for 30 days, with possible extensions under the conditions laid down by law and within the maximum limits resulting from the Constitutional Court’s case-law). See, for example, the summary in Decision no. 106/2025 of the Constitutional Court on Articles 207 and 343 of the Criminal Procedure Code and the references therein to earlier decisions on Articles 222, 233, 236, 238 and 239.

9) Quick action guide (practical checklist)

Keep a clear chronology: first complaint / report → ordinance starting the criminal investigation → change of status to suspect / defendant → expert reports requested / filed → indictment → preliminary chamber hearings → trial (evidence, deliberation, pronouncement, drafting). Article 305 of the Criminal Procedure Code is the main statutory marker for the beginning of the criminal investigation – see the Romanian Legislative Portal – Criminal Procedure Code.
Plan ahead for a possible complaint regarding duration:
– +1 year from the start of the criminal investigation;
– +1 year from sending the case to trial in first instance;
– +6 months from seising the court with an appeal or other remedy. For the constitutionality and interpretation of these thresholds, see Decision no. 102/2022 of the Constitutional Court.
Do not miss the appeal time-limit: as a rule, 10 days from communication of the judgment (Article 410 of the Criminal Procedure Code).
Monitor limitation (prescription): in light of the offence you are charged with and recent legislative and Constitutional Court developments.
Maintain an evidence-focused strategy: request only the evidence that truly matters for the outcome; carefully drafted questions for experts can avoid unnecessary addenda and further delays.

10) Useful resources on our website (internal links)

11) Frequently asked questions (FAQ)

How long can the criminal investigation last?

There is no general maximum duration written in the law. Everything depends on the complexity of the case and on the evidence to be taken. Control is exercised through the “reasonable time” standard under Article 6 ECHR and through the complaint regarding the duration of the criminal trial once the statutory thresholds (1 year / 6 months) are met. For background on “reasonable time”, see the materials on Article 6 ECHR published by the European Union Agency for Fundamental Rights.

Is the preliminary chamber strictly limited to 60 days?

No. The 60-day period is interpreted in Constitutional Court case-law as a recommended benchmark, not as a rigid, peremptory time-limit whose exceedance automatically nullifies the procedure. What matters in practice is whether the overall duration remains reasonable. For the Court’s reasoning, see, for instance, Decision no. 802/2017 of the Constitutional Court and the later confirmation in Decision no. 106/2025.

By when must the judgment be drafted?

The Criminal Procedure Code imposes strict rules on drafting and signing the judgment by the members of the panel (Article 406), and the High Court of Cassation and Justice has clarified these requirements in a 2025 recurs în interesul legii. Failure to comply can, in some circumstances, lead to nullities related to the unlawful composition of the panel or to the reasoning of the judgment. See the decision published on the Romanian Legislative Portal.

When can I file the complaint regarding the duration of the criminal trial?

You can file it after 1 year in the criminal investigation or first instance, or after 6 months in the appellate stages (appeal, appeal in cassation, complaint for annulment). The 1-year / 6-month thresholds and their constitutionality have been examined in several decisions of the Constitutional Court, such as Decision no. 102/2022.

What is the maximum duration of preventive arrest during the investigation?

Preventive arrest is ordered for 30-day periods, with the possibility of successive extensions under the conditions laid down by law. The overall framework for maximum duration, in the investigation and trial stages alike, has been detailed in the Constitutional Court’s case-law; see, for example, Decision no. 106/2025, which summarises earlier decisions on Articles 222, 233, 236, 238 and 239 of the Criminal Procedure Code.

12) Need help in a criminal case?

See our criminal law services (Bucharest & nationwide) for assistance from the investigation stage through appeal.
Schedule a discussion: use the contact form on Contact – Măglaș Alexandru – Cabinet de Avocat.

Note on verifiability

Article 6 ECHR – “reasonable time”. Official explanations and guidance on reasonable time in criminal matters are available, for instance, via the European Union Agency for Fundamental Rights and other Council of Europe materials.
Article 305 Criminal Procedure Code – start of the criminal investigation. See the consolidated Code on the Romanian Legislative Portal.
Articles 342–344 Criminal Procedure Code – preliminary chamber and related Constitutional Court case-law. See, for example, Decision no. 802/2017 of the Constitutional Court, as well as the discussions in Decision no. 106/2025.
Article 406 Criminal Procedure Code – drafting and signing the judgment. For the statutory text and the 2025 clarifications of the High Court of Cassation and Justice on panel composition and drafting obligations, see the Code and the recurs în interesul legii decision published on the Romanian Legislative Portal.
Complaint regarding the duration of the trial – 1-year / 6-month thresholds. See the Constitutional Court’s case-law, in particular Decision no. 102/2022, concerning the constitutionality and interpretation of the relevant provisions of the Criminal Procedure Code.
Preventive arrest during the investigation – 30 days + extensions and total maximum duration. For an overview of the applicable time-limits and the requirement that preventive measures not exceed a reasonable duration, see the reasoning in Decision no. 106/2025 of the Constitutional Court and the earlier decisions cited therein.