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How to Hire a Criminal Defence Lawyer (Penal Lawyer) in Bucharest

The article explains how to search for a criminal lawyer in Bucharest, what information to verify and how to distinguish marketing from actual courtroom experience. It also offers tips on preparing for the first consultation, discussing fees and deciding if the lawyer’s approach matches your expectations and risk profile.

This article is for general information only and does not constitute legal advice. Concrete situations must be analysed on a case-by-case basis together with a lawyer of your choice or a court-appointed lawyer.

1. Why the criminal defence lawyer matters in a criminal case

The right to defence is expressly guaranteed by the Romanian Constitution, which states that “the right to defence is guaranteed” and that, throughout the entire criminal proceedings, the parties have the right to be assisted by a lawyer, either chosen or appointed ex officio. The Criminal Procedure Code reflects the same principle and obliges criminal investigation bodies and courts to ensure the effective exercise of this right, including by informing the person about the accusation and about the right to be assisted by a lawyer.

At European level, Article 6 of the European Convention on Human Rights (ECHR) guarantees the right to a fair trial. In criminal matters, this implies, among others, the right to be informed promptly about the accusation, the right to adequate time and facilities to prepare the defence, and the right to legal assistance of one’s own choosing or, where the interests of justice so require, to legal aid provided free of charge for those without sufficient means.

The profession of lawyer in Romania is regulated by Law no. 51/1995 on the organisation and practice of the legal profession, together with the Statute of the legal profession adopted by the National Union of Romanian Bar Associations (UNBR). These rules set out the mission of the lawyer to promote and defend the rights, freedoms and legitimate interests of individuals and legal entities, the independence of the lawyer from public authorities and from clients, and the requirement that the profession be practised only by lawyers registered with a bar that is part of UNBR.

In criminal cases, the stakes are usually very high: personal liberty, criminal record, professional reputation, one’s assets and, in some situations, even residence or immigration status. Case-law of the European Court of Human Rights (ECtHR) repeatedly stresses that the assistance of a lawyer must be “practical and effective, not theoretical or illusory”. In practice, this means access to a lawyer from the first questioning, confidential communication, and a genuine level of competence and involvement in the case.

2. Situations in which you should immediately look for a criminal defence lawyer in Bucharest

Even though the law does not require you to hire a chosen lawyer in every case, from a practical point of view it is wise to look for a criminal defence lawyer (whether from Bucharest or another city) as soon as possible, especially when:

  • you receive a summons to appear before a criminal investigation body (police, prosecutor’s office) as a suspect or defendant;
  • you are invited “for discussions” or “clarifications” in relation to a criminal file, even if you have not yet been officially informed about your procedural status;
  • a house search takes place at your home, office, or company headquarters;
  • you are informed about accusations regarding serious offences (for example: drug trafficking, tax evasion, corruption, serious violent offences, complex cybercrime);
  • you are detained, placed under preventive arrest or house arrest, or the prosecutor applies for such measures against you;
  • you are summoned as a witness in a case where, realistically, there is a risk of becoming a suspect or defendant (for example, you are a director, accountant or shareholder in a company under investigation);
  • you are a victim or civil party in a case with serious consequences (bodily harm, sexual offences, large-scale fraud, high-value damage);
  • your company is under criminal investigation (for example for tax evasion, money laundering, corruption, or IT-related offences).

The Criminal Procedure Code expressly stipulates situations where legal assistance is mandatory. In those cases, if you do not hire a lawyer of your choice, one will be appointed ex officio (for example when the defendant is in preventive detention for certain offences, in cases with very high penalties, or when the defendant is a minor). Even where assistance is not formally mandatory, the complexity and long-term impact of criminal proceedings make it prudent to be assisted by a lawyer from the earliest stage.

3. What does “criminal defence lawyer from Bucharest” actually mean?

The expression “criminal defence lawyer from Bucharest” is not an official specialisation granted by law. Rather, in practice, it usually refers to a lawyer:

  • registered with the Bucharest Bar Association (Baroul București), and
  • who focuses a significant part of their professional activity on criminal law and criminal procedure.

The legal profession in Romania is organised in a unified way at national level. Only lawyers registered with one of the bars that make up UNBR, and listed in the official roll of lawyers with the right to practise, may provide legal services specific to the profession. The roll of each bar includes definitive and trainee lawyers, individual law offices, law firms, secondary offices, as well as sections for suspended or struck-off lawyers.

The Bucharest Bar is the largest bar in Romania, with many thousands of active lawyers. A lawyer registered with the Bucharest Bar can represent clients before all courts and prosecutors’ offices in the country, not only those in Bucharest. Likewise, a lawyer registered with another bar may appear in courts in Bucharest. Choosing a “Bucharest lawyer” is therefore a matter of practical strategy and logistics (proximity to courts and prosecutors’ offices, frequent work before DIICOT, DNA or other Bucharest-based institutions), not a legal requirement.

Academic and professional literature on the legal profession emphasises that success in law practice is closely linked to professional competence, relevant experience, effective communication, integrity and continuous training – qualities that matter for every lawyer, regardless of whether they are based in Bucharest or in another city.

4. Practical steps to shortlist and select a criminal defence lawyer in Bucharest

4.1. Check that the lawyer is authorised and has the right to practise

The first step is to verify that the person you are talking to is in fact a lawyer, with an active right to practise, registered in the roll of a Romanian bar (for example the Bucharest Bar). You can do this by consulting the official roll of lawyers made available on the bar’s website. The roll normally shows:

  • whether the lawyer is a trainee or definitive lawyer;
  • whether they have the right to practise or are suspended / struck off;
  • the form of practice (individual law office, law firm, etc.).

Law no. 51/1995 and the Statute state that only lawyers who are registered and have the right to practise may carry out activities specific to the legal profession. Practising without authorisation is prohibited. For this reason, checking against the official roll of the Bucharest Bar (or the relevant bar) is the safest way to confirm that you are dealing with a properly authorised lawyer.

4.2. Analyse experience in criminal law and the types of cases handled

Romanian law does not currently provide an official title such as “specialist in criminal law” as a separate certified specialisation for lawyers. Nevertheless, the Statute and professional guidelines make it clear that lawyers must maintain and improve their professional competence through continuous training and practice, and many lawyers in fact develop a practice mainly or predominantly in the criminal law area.

When you assess whether a Bucharest-based lawyer is suitable for your criminal case, it can be useful to look at:

  • whether they consistently present themselves publicly as a criminal defence lawyer (website, professional profiles, conferences, interviews);
  • what types of criminal cases they have worked on (economic and white-collar offences, violent offences, traffic offences, drug trafficking, IT and cybercrime etc.);
  • whether they publish analyses, articles or case-law comments in the field of criminal law and procedure;
  • whether they have practical courtroom experience before Bucharest courts and prosecutors’ offices (local courts, Bucharest Tribunal, Bucharest Court of Appeal, High Court of Cassation and Justice, DIICOT, DNA etc.).

4.3. Evaluate communication style and availability

Even an excellent lawyer might not be the right choice for you if communication does not work well. During the initial consultation, pay attention to:

  • whether the lawyer explains the legal situation and possible scenarios in terms you can understand, not only through technical jargon;
  • whether they ask detailed questions about the facts, the evidence and your objectives (not just “what result do you want”);
  • whether they present risks realistically, including less favourable outcomes, instead of promising a guaranteed result;
  • whether they outline a general defence strategy and explain what they expect from you (documents, information, behaviour).

Research on effective lawyering and professional ethics often highlights communication skills (clarity, listening, adapting language to the client), sound legal reasoning, analytical ability and empathy as key qualities – especially important in criminal defence work, where the emotional impact on the client can be significant.

5. How to approach the discussion about fees with a criminal defence lawyer

Lawyer’s fees in Romania are not fixed by statute. They are freely agreed upon between the lawyer and the client, within the framework set by the Statute of the profession and ethical rules. The Statute sets out the main types of fees:

  • hourly fees;
  • fixed (lump-sum) fees for certain services or procedural stages;
  • success fees (usually in combination with a fixed or hourly component);
  • mixed structures that combine the above.

The fee must be reasonable, taking into account factors such as the nature and difficulty of the case, the time needed, the importance of the interests at stake, the constraints on the lawyer’s schedule and the client’s situation. The Statute expressly mentions that the lawyer must avoid dumping fees that could harm the dignity of the profession, as well as disproportionate fees unrelated to the services rendered.

UNBR has adopted minimal recommended fee guidelines, updated periodically, which provide indicative levels for different types of legal services, including in criminal matters (e.g. consultation, assistance during police or prosecutor hearings, representation in preliminary chamber proceedings, trial, appeals). These guidelines are not binding tariffs or maximum caps; they are a professional benchmark for what is considered a minimally reasonable fee in typical situations.

When you discuss with a criminal defence lawyer in Bucharest, it is useful to clarify in concrete terms:

  • whether the fee is fixed for the entire case or per stage (investigation, preliminary chamber, first instance, appeal);
  • whether there is an hourly component in addition to a fixed fee (for example for additional consultations, drafting of complaints, memos, or other documents);
  • whether a success fee is envisaged, and under which conditions (e.g. if the legal classification is changed, if the sentence is reduced below a certain level, or if the case is closed);
  • what out-of-pocket expenses are separate from the fee (travel, expert reports, translations, court fees, authenticated copies, etc.);
  • whether the indicated amounts include VAT.

All of these elements should be reflected in the legal assistance contract, together with the precise scope of the mandate (for example: “assistance and representation during criminal investigation in file no. …” or “assistance and representation before the Bucharest Tribunal until the final decision in first instance”).

6. The legal assistance contract: what to check before signing

The relationship between lawyer and client is formalised through a legal assistance contract. The Statute provides that, as a rule, this contract is concluded in writing (for evidentiary purposes). It may also be concluded by electronic means (for example by e-mail exchange) and later reflected in printed forms. Many bars provide standardised forms bearing the bar’s logo and serial number, which must be properly completed and signed.

As a minimum, the contract must contain:

  • identification details of the lawyer or law firm (and bar) and of the client;
  • the object of the contract (the specific legal services to be provided);
  • the agreed fee and the method of payment (fixed, hourly, success fee etc.);
  • reference to the lawyer’s obligation to verify the client’s identity (in line with professional and anti-money-laundering rules);
  • how any disputes about the contract will be resolved (jurisdiction, bar council, courts);
  • signatures of both parties.

If these essential elements are missing and this omission causes harm that cannot be remedied otherwise, the contract may be considered invalid. The Statute also provides that the legal assistance contract is, as a rule, the only admissible proof of the relationship between lawyer and client. For this reason, you should read it carefully and make sure it reflects what you discussed orally.

Before signing a legal assistance contract with a criminal defence lawyer in Bucharest, you may want to check in practice:

  • whether the object of the contract accurately describes the services you expect (for example, not just “legal consultation” if you in fact need court representation);
  • whether the fee structure and payment schedule are clearly described (amount, due dates, instalments, any conditions linked to results);
  • whether it is clear what powers of representation the lawyer will have (filing motions, receiving documents, negotiating settlements);
  • whether approximate expenses are mentioned and how they will be reimbursed;
  • whether the contract contains clauses about termination (how it can be ended, consequences for fees already paid, transfer of the file, etc.).

7. Communication and confidentiality in the lawyer–client relationship

The lawyer–client relationship is protected by professional secrecy. The Statute of the legal profession, the Romanian Code of Deontology and the Code of Conduct for European Lawyers all impose a strict duty of confidentiality on lawyers in respect of any information you provide or that they obtain in the course of their work.

The ECtHR considers the confidentiality of lawyer–client communication a cornerstone of the right to a fair trial. Without a strong assurance that their discussions will remain confidential, clients might be reluctant to share all relevant details with their lawyer, which can seriously weaken the defence.

When you hire a criminal defence lawyer in Bucharest, it is helpful to clarify from the beginning:

  • which communication channels will be used (in-person meetings, phone, e-mail, encrypted messaging, video calls);
  • how often you can expect updates on the case (after each hearing, monthly, only when something important happens, etc.);
  • how documents and sensitive information will be stored and protected;
  • how urgent situations are handled (sudden arrest, search, or urgent procedural deadlines).

8. Bucharest lawyer or lawyer from another city? How to balance the criteria

Romanian law allows you to choose any lawyer registered with a Romanian bar, regardless of where your case is being heard. A lawyer from Cluj, Iași or Timișoara can represent you in a case in Bucharest, just as a Bucharest-based lawyer can represent you before courts anywhere in the country. Choosing a Bucharest criminal defence lawyer is therefore a strategic and practical decision, not a legal obligation.

In practice, many clients consider factors such as:

  • proximity to Bucharest courts and prosecutors’ offices – this may mean better availability for hearings and quicker access to the file;
  • experience with a particular type of criminal case – for example, the best lawyer for a specialised economic or IT-related case might not be located in Bucharest, but may appear frequently before Bucharest courts and prosecutors;
  • costs and time for travel – hiring a lawyer from another city may involve additional travel and accommodation expenses for repeated hearings in Bucharest;
  • personal compatibility and trust – sometimes the quality of the personal relationship and your confidence in the lawyer matters more than where the office is located;
  • use of technology – many aspects of communication and document exchange can be handled online (video conference, secure document sharing), which reduces the importance of physical distance, as long as confidentiality is ensured.

Professional guidelines insist that the primary criteria when choosing a lawyer should be competence, communication and integrity, rather than purely geographical considerations. Location matters, but it is rarely the decisive factor by itself.

9. A short checklist for hiring a criminal defence lawyer in Bucharest

To summarise, here is a practical checklist you can use:

  1. Clarify your criminal law problem: in which procedural phase is the case (investigation, preliminary chamber, trial), what offence is alleged, and what are the main risks (detention, criminal record, asset confiscation).
  2. Identify potential lawyers: search for criminal defence lawyers in Bucharest via recommendations, professional websites, articles, or online searches.
  3. Verify professional status: check the bar’s official roll to ensure each lawyer has the right to practise and does not appear as suspended or struck off.
  4. Analyse experience: look at what types of criminal cases the lawyer has handled and whether they are active in the field (publications, lectures, case-law comments).
  5. Schedule an initial consultation: present your situation and ask the lawyer how they assess the case, the main risks, and possible defence strategies.
  6. Clarify fees: ask for a detailed explanation of the fee structure (fixed, hourly, success fee), what is included, what is extra, and payment deadlines.
  7. Review the legal assistance contract: make sure it reflects what you discussed, with a clear object, clear fees and clauses about termination.
  8. Assess compatibility and trust: ask yourself whether you feel comfortable discussing all details with that lawyer and whether they explain things clearly.

Frequently Asked Questions about hiring a criminal defence lawyer in Bucharest

1. Is it mandatory to hire a lawyer, or can I represent myself in a criminal case?

In some situations, you may legally represent yourself. However, the Criminal Procedure Code provides numerous cases where legal assistance is mandatory – for example, in proceedings for serious offences with high penalties, when the defendant is under arrest or is a minor. In such cases, if you do not choose a lawyer, one will be appointed for you. Beyond the legal requirements, the complexity of criminal procedure and the serious consequences of a conviction mean that, in practice, hiring a criminal defence lawyer (in Bucharest or elsewhere) is almost always advisable.

2. Can I choose any Romanian lawyer for a criminal case in Bucharest?

Yes. Any lawyer registered with a bar that is part of UNBR can provide legal assistance and represent clients before courts and prosecutors’ offices anywhere in Romania, including Bucharest. Hiring a Bucharest-based lawyer is mainly a matter of practical convenience and perceived experience with local courts, not a legal requirement.

3. How can I check whether a lawyer is registered with the Bucharest Bar and has the right to practise?

The most reliable way is to consult the official roll of lawyers on the Bucharest Bar’s website (or the relevant bar’s website). You can usually search by name and see whether the lawyer is a trainee or definitive, whether they have the right to practise or are suspended/struck off, and in what form they practise (individual office, firm, etc.). Only lawyers with the right to practise are allowed to provide legal services.

4. Are there fixed statutory fees for criminal defence lawyers in Bucharest?

No. There are no fixed statutory tariffs for lawyer’s fees in Romania. UNBR has adopted minimal recommended fee guidelines which provide indicative values for various types of services, including in criminal cases, but they are not mandatory. The actual fee is negotiated between the lawyer and the client, taking into account the complexity of the case, the work involved and the criteria listed in the Statute of the profession.

5. What if I cannot afford to pay a lawyer’s fee?

In criminal cases, the law provides for situations of mandatory legal assistance. If you are in such a situation and cannot afford a lawyer, the authorities will appoint an ex officio lawyer, remunerated from public funds (with possible consequences for costs depending on the final outcome of the case). In addition, for certain civil or related proceedings (for example, civil claims for damages), Romanian law regulates legal aid for persons with limited means. Eligibility depends on income and other criteria laid down in the legal aid legislation.

6. Can I change my lawyer during the criminal proceedings if I am no longer satisfied?

Generally, yes. You may replace your chosen lawyer during the criminal proceedings, subject to rules on conflicts of interest and the requirements of the court or prosecutor’s office managing the case. The legal assistance contract can be amended or terminated according to the Statute and the contract’s clauses. However, it is usually recommended to discuss any issues openly with your current lawyer first, to avoid unnecessary procedural complications or delays.