Practical guide for crime victims: from the criminal complaint to compensation and enforcement of the judgment

The article is written for victims and their families, not for specialists. We avoid jargon as much as possible and explain legal terms where they arise, including by concrete examples.

1. Who is the “victim” (persoană vătămată) in Romanian criminal procedure?

Under the Romanian Code of Criminal Procedure, the “persoană vătămată” (injured person / victim) is a natural or legal person who has suffered damage as a result of a criminal offence – whether this damage is bodily harm, psychological suffering, material loss or reputational harm. The concept is defined in Article 79 CPP, and the detailed rights of the victim are listed in Article 81 of the Code of Criminal Procedure .

It is important to distinguish between several notions that often get mixed up in practice:

• Victim (persoană vătămată) – has specific procedural rights in the criminal case: can file applications and complaints, propose evidence, participate in certain investigative acts and in hearings before the court;
• Civil party (parte civilă) – a victim who, in addition, claims civil damages (material and/or moral) against the defendant and, where applicable, the civilly liable party, pursuant to Article 20 CPP ;
• Civilly liable party (parte responsabilă civilmente) – a person or entity (e.g. employer, insurer) who, under certain conditions, may be ordered to pay damages in the place of or together with the defendant.

In practice, many victims stop after filing a criminal complaint and do not go further to make full use of their rights. The result is that they may obtain a conviction in the criminal case but never actually recover their losses because they did not actively pursue the civil side.

In addition to the Code of Criminal Procedure, there is a special law, Law no. 211/2004, which regulates the information, counselling, support and, in some cases, financial compensation from the State for victims of serious offences. You can read the updated text of the law on the official legislative portal and also summaries on the website of the Ministry of Justice – Victims’ Rights section .

2. First step: the criminal complaint

2.1. What is a criminal complaint?

The criminal complaint (“plângere penală”) is the way in which you notify the investigative authorities about the offence that harmed you. Article 289 CPP defines it as the notification made by a person to the criminal investigation bodies regarding a harm caused by an offence. You can consult the text (in Romanian) here: Article 289 CPP – Criminal complaint .

The criminal complaint must not be confused with the “prior complaint” (plângere prealabilă) – a special type of complaint required for certain offences (e.g. minor assaults, some offences against family, insult in old regulations etc.), where the law expressly provides that the criminal action is initiated only upon the prior complaint of the victim, according to Article 295 CPP .

2.2. Deadlines for filing a complaint

For a simple criminal complaint in offences prosecuted ex officio, there is no very short cut-off period for filing. However, the rules on the statute of limitations of criminal liability, set out in the Criminal Code, limit in time the possibility to prosecute the offender.

By contrast, the prior complaint (plângere prealabilă) is subject to a strict deadline: under Article 296 CPP , it must be filed within three months from the date on which the victim learned of the offence. Missing this deadline generally means losing the criminal route for those offences.

If you are not sure whether the offence is prosecuted ex officio or upon prior complaint, it is advisable to consult a lawyer or, in any case, to file a complaint as soon as possible, so as not to risk missing the three‑month deadline if it applies.

2.3. Where and how to file a complaint

The complaint can be filed:

• at the police station (depending on competence – public order, judicial police, traffic etc.);
• directly with the prosecutor’s office (attached to the Court, Tribunal, Court of Appeal, the High Court, or specialised prosecutor’s offices such as DIICOT or DNA, as appropriate);
• sometimes by post, or by electronic means, if the institution provides this option, ideally with proof of receipt.

Article 289 CPP lists the essential elements of a complaint: the identification details of the victim, a description of the facts, the identity of the offender (if known), the means of evidence, date and signature. For practical guidance, you can consult, for example, the explanation on the website of the National Anticorruption Directorate – “What should a complaint contain?” (in Romanian).

Once the complaint is filed, the criminal investigation body must register it, assign a number and start preliminary checks, according to the rules on seizing the criminal investigation bodies (Chapter II of Title I, Part Special of the Code of Criminal Procedure).

3. From victim to civil party: when and how to claim compensation

One of the most important rights of the victim is the right to obtain compensation for the damage suffered. This may be exercised in three main ways:

1. by joining the criminal proceedings as a civil party (civil action joined to the criminal action, under Article 20 CPP);
2. by bringing a separate civil action before the civil courts, after the criminal case or, in some situations, independently of it;
3. by applying for State financial compensation under Law no. 211/2004 , in the case of certain serious offences (e.g. intentional violent offences, murder or attempted murder, rape, trafficking in human beings).

3.1. When can you become a civil party?

According to Article 20 CPP, you may join the proceedings as a civil party during the criminal investigation or no later than the start of the trial on the merits at first instance. If you wait too long and fail to lodge a civil claim in time, you may lose the possibility to pursue civil damages in the criminal case and be forced to start a separate civil lawsuit.

In practice, it is advisable that before the first hearing on the merits you discuss with your lawyer the civil strategy: what amounts you will claim, for what types of damage, and what evidence you will propose.

3.2. What you can claim: material and moral damages

As a civil party, you may seek:

• Material (pecuniary) damages – e.g. medical expenses (consultations, hospitalisation, surgeries, treatment, medicines), lost income (wages, freelance income), care costs, repair of damaged property, specialist services etc.;
• Moral (non-pecuniary) damages – for physical and mental suffering, impact on family and social life, humiliation, trauma, loss of enjoyment of life, reputational damage.

In cases of violent crime (e.g. bodily injury, domestic violence), the provisions on offences against bodily integrity and health in the Romanian Criminal Code – Article 194 on bodily injury and following are relevant for the assessment of seriousness, and case-law often shows a higher level of moral damages in such cases.

In road traffic accidents, reference is often made to the offence of bodily injury by negligence (Article 196 Criminal Code), but the amount of damages is determined on the basis of actual loss and the case-law on personal injury claims.

3.3. What documents are useful for claiming compensation?

To convince the court to award damages, it is not enough to speak in general about suffering or loss. You need concrete evidence, such as:

• for bodily harm – forensic medical certificates, hospital records, discharge notes, medical reports, treatment recommendations;
• for material losses – invoices and receipts (hospitalisation, medicines, therapies, travel, repairs, specialist services);
• for loss of income – employment contracts, pay slips, tax returns, contracts for independent activities etc.;
• for psychological trauma – psychological or psychiatric evaluation reports;
• for the impact on daily life – witness statements describing how your life has changed (e.g. inability to work, limitations of movement, social withdrawal, deterioration of family life).

All these elements must be integrated into a clear civil claim, indicating specifically the amounts requested and the legal and factual grounds. A lawyer can help you calculate and structure your claim so that it is realistic and supported by evidence.

An important advantage of joining a civil claim to the criminal case is that, pursuant to Article 20 (8) CPP, this civil action is exempt from court stamp duty. For a broader view of the costs involved in a criminal case (lawyer’s fees, court costs, expert fees), you can also read the Romanian blog article: “La ce costuri să te aștepți pentru un proces penal…?” .

4. The victim’s rights during the criminal investigation

Article 81 CPP provides a detailed list of the victim’s rights. The most important include:

• the right to be informed about your rights and about the progress of the case;
• the right to propose evidence (e.g. requesting that witnesses be heard, an expert report be ordered);
• the right to file applications and complaints about the criminal and the civil aspects;
• the right to be assisted by a lawyer of your choice, or, in certain situations, appointed ex officio;
• the right to an interpreter, if you do not speak Romanian;
• the right to be informed of the prosecutor’s decision (indictment, dismissal / dropping of charges);
• the right to protection measures if you are a vulnerable victim (e.g. in domestic violence, trafficking in human beings, sexual offences).

Several prosecutor’s offices publish accessible extracts from the Code of Criminal Procedure on victims’ rights. For instance, the Prosecutor’s Office attached to the Constanța Court of Appeal provides such an extract (in Romanian).

In addition, Law no. 211/2004 ensures further rights regarding information, psychological and legal counselling, social support and State financial compensation. The Ministry of Justice summarises these rights on its page “Drepturile victimelor infracțiunilor” , which also contains useful links to local victim support services.

4.1. Participation in investigative acts

Victims do not have an automatic right to be present at every investigative act, but as a rule they may:

• be heard as victims, with the right to be assisted by a lawyer;
• submit documents and other evidence;
• in certain situations, attend the hearing of other persons (witnesses), where the prosecutor or police officer considers it useful and it does not jeopardise the investigation;
• report to the supervising prosecutor or the head of the prosecution office if they believe the police officer is not properly performing his/her duties.

It is important to understand that you are not a mere passive “extra” in the case. The law grants you the status of a main procedural participant and allows you, within certain limits, to influence the course of the investigation by the evidence and requests you put forward.

5. The victim’s rights at trial

If the case reaches the court (via indictment or plea bargain), the victim retains and in some respects strengthens their rights, in particular if they are also a civil party. Among these rights:

• the right to attend court hearings (except where the court orders non-public hearings);
• the right to be heard and to ask questions, through the judge, to witnesses and the defendant;
• the right to present and support the civil claim, including closing submissions on the merits and on the amount of damages;
• the right to lodge appeals, within the legal limits, especially in relation to the civil side of the case;
• the right to request protection measures (e.g. hearing via audio-video means, protection of personal data, exclusion of the public) in case of risk or vulnerability.

Courts have a duty to ensure a fair balance between the defendant’s rights of defence and the victim’s rights to protection and to an effective remedy. Standards are also influenced by Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime , transposed into Romanian law, and by the case-law of the European Court of Human Rights on effective investigations and access to justice for victims.

6. Remedies available to the victim

6.1. Challenging the prosecutor’s decision (dismissal / dropping of charges)

If the prosecutor decides to dismiss the case (clasare) or to waive prosecution (renunțare la urmărirea penală), the victim can challenge this decision by filing a complaint. The relevant procedure is laid down in Articles 336 and following CPP, which set out deadlines and formal requirements.

On the maglas.ro blog you can find detailed Romanian-language articles on these topics, such as:

• “Clasarea urmăririi penale: ce înseamnă, când se dispune și ce efecte are…” ;
• “Renunțarea la urmărirea penală (art. 318 CPP)” ;
• “Redeschiderea urmăririi penale și reînceperea după clasare” ;
• “Plângerea împotriva soluțiilor procurorului (clasare, renunțare la urmărire, trimitere în judecată)” .

These materials explain in detail what you can do if your case seems to have been closed too quickly or without sufficient evidence being gathered.

6.2. Appeals against the court’s decision

As a rule, the victim and the civil party may file an appeal against the criminal judgment, within the conditions and limits laid down by the Code of Criminal Procedure. The victim’s main interest usually concerns:

• the decision on the civil side (the amount of damages awarded or the rejection of the civil claim);
• situations where the decision on the criminal side affects the possibility of obtaining compensation (e.g. acquittal or termination of criminal proceedings).

It is therefore important that, before the appeal deadline expires, you discuss with your lawyer the realistic chances of a better outcome, the additional time involved and the costs of an appeal.

7. Obtaining compensation: criminal proceedings, civil lawsuit and State compensation

7.1. Damages in the criminal case

If you joined the case as a civil party, the criminal court may rule on damages in the same decision in which it decides on the defendant’s guilt or innocence. Several scenarios are possible:

• the court admits the civil claim and awards the damages in full or in part;
• the court dismisses the civil claim (e.g. lack of evidence of damage or of causation);
• the court leaves the civil claim undecided, usually where the assessment of damages would require very complex evidence or where the civil relationship is better dealt with in a separate civil action.

In the latter case, the victim may later bring a separate civil action, relying on the criminal judgment (for instance a final conviction) as strong evidence of the existence of the offence and the offender’s liability.

7.2. Separate civil action

In some situations, it may be more efficient to bring a standalone civil lawsuit or to sue after the criminal case has ended. Examples include:

• where the damage is complex (long-term loss of earning capacity, severe disability, reputational damage) and requires extensive expert evidence;
• where the criminal court focuses primarily on the criminal aspects and may not thoroughly deal with the civil claim;
• where the criminal court leaves the civil claim undecided.

In such a case, you must comply with the rules of the Civil Procedure Code regarding limitation periods, court fees and evidence. A final criminal conviction typically has res judicata effect as regards the existence of the offence, the identity of the perpetrator and their fault, which can significantly ease your burden of proof on the civil side.

7.3. State financial compensation (Law no. 211/2004)

Law no. 211/2004 provides that certain categories of victims of serious offences may receive financial compensation from the Romanian State, subject to specific conditions (e.g. intentional violent crime, attempted murder, rape, trafficking in human beings).

Conditions and procedures are described in the law and in information materials published by institutions such as the Centre for Legal Resources (Centrul de Resurse Juridice) and local social services. Typically, you must:

• have reported the crime to the authorities within a certain period;
• prove that you have not received effective compensation from the offender or from insurers;
• fall within the categories of offences and conditions laid down by the law.

This mechanism does not replace the offender’s obligation to compensate you, but can partly make up for the ineffectiveness of enforcement where the offender is insolvent or difficult to locate.

8. Enforcement of the judgment: how to turn damages “on paper” into actual money

Obtaining a criminal judgment that awards you damages is only one step. The next practical issue is: how do you actually collect the money?

8.1. Enforcement title

A final criminal judgment ordering the defendant (and possibly the civilly liable party) to pay damages is an enforceable title. In most cases, you will need to apply to a bailiff (executor judecătoresc), who will initiate enforcement proceedings (attachment of bank accounts, garnishment of wages, seizure and sale of movable and immovable property).

The list of bailiffs may be consulted on the website of the National Union of Bailiffs of Romania (UNPIR) .

8.2. Main stages of enforcement

1. obtaining a certified copy of the judgment and, where necessary, a certificate confirming its final nature;
2. contacting a bailiff and signing an enforcement contract, providing as many details as possible about the debtor (defendant / civilly liable party);
3. the bailiff lodges a claim with the competent court for authorisation of enforcement;
4. once enforcement is authorised, the bailiff initiates concrete enforcement measures: attachment of bank accounts, garnishment of wages, seizure and sale of property, etc.

There are cases where the defendant is insolvent or has no identifiable assets, in which enforcement may be very difficult or even impossible. This is why, from the outset, you should discuss with your lawyer the real chances of recovery and possible alternatives (insurance cover, third party liability, State compensation).

9. The lawyer’s role in protecting the victim’s rights

Although the law does not always make legal representation mandatory, in practice the difference between a legally assisted and an unassisted victim can be considerable, both for the criminal side (quality of the investigation, outcome of the trial) and for the civil side (actual amount of damages awarded and recovered).

A lawyer specialised in criminal law can help you to:

• draft a clear and complete criminal complaint, highlighting all key facts and evidence;
• plan your evidence strategy (what medical documents, what expert reports, which witnesses, at what stage);
• join the case as a civil party and calculate a coherent and well‑documented damages claim;
• respond to prosecutorial decisions (dismissal, waiver of prosecution) by reasoned complaints;
• plead the civil claim before the court with clear submissions on the amount and legal basis of each item;
• cooperate with the bailiff in enforcement, including in identifying the debtor’s assets.

For an overview of criminal defence services and how a criminal lawyer can assist in various stages of a case, you can also consult the Romanian services page: “Servicii avocat drept penal – Măglaș Alexandru” .

10. Conclusions

Being a victim (persoană vătămată) in a criminal case does not mean simply waiting for the prosecutor and the court to “do justice”. You have clear procedural rights: you can propose evidence, file applications and complaints, join the case as a civil party and actively pursue recovery of your losses, including through enforcement.

Often, the difference between a case in which the victim remains with a sense of injustice and one in which they obtain real compensation depends on:

• how quickly and how fully the criminal complaint is filed;
• how well the damage is documented (medical, material, moral);
• how active the victim is in relation to the authorities;
• whether the victim has specialised legal assistance;
• whether, after the judgment, the victim actually pursues enforcement.

This guide cannot replace individual legal advice, but it offers a practical framework for understanding the main steps and for having informed discussions with your lawyer or with institutions providing victim support services.

Frequently Asked Questions (FAQ) for victims of crime

1. What does it actually mean to be a victim in criminal proceedings?

A victim (“persoană vătămată”) is a natural or legal person who has suffered harm as a result of a criminal offence – bodily, material or moral. The Code of Criminal Procedure, in particular Articles 79 and 81, gives victims specific rights: to be informed, to propose evidence, to file applications and complaints and to obtain compensation by joining the case as a civil party. Law no. 211/2004 and EU Directive 2012/29/EU further strengthen these rights.

2. Do I have to file a complaint immediately after the offence?

It is advisable to file a complaint as soon as possible. For offences requiring a prior complaint, the deadline is three months from the date on which you became aware of the offence (Article 296 CPP). For offences prosecuted ex officio there is no such short deadline, but the statute of limitations in the Criminal Code still applies. Delaying the complaint may make the investigation more difficult and in some cases can even bar criminal liability.

3. What can I do if the prosecutor dismisses my case?

If the prosecutor orders dismissal (clasare) or waiver of prosecution (renunțare la urmărirea penală), you can challenge that decision within the time-limits and under the conditions set out in the Code of Criminal Procedure. The complaint is first examined by the hierarchically superior prosecutor and may then be reviewed by a judge, who will verify the lawfulness and soundness of the decision not to send the case to trial.

4. Do I have to join the case as a civil party, or can I wait until the end of the criminal case?

Joining the case as a civil party during the criminal proceedings is often advantageous because you do not pay court stamp duty on the civil claim and you may obtain damages in the same judgment as the criminal decision. If you do not join in time, you will have to bring a separate civil lawsuit later, with additional costs and time. The concrete strategy should be discussed with a lawyer, depending on your case.

5. Can I receive compensation even if the defendant has no money or assets?

Even if the defendant appears insolvent, there are situations in which other entities may cover all or part of the damages – such as insurers in road traffic accidents or civilly liable third parties. Moreover, for certain serious offences, you may apply for State financial compensation under Law no. 211/2004, provided that you meet the legal conditions (type of offence, prompt reporting, lack of effective compensation from the offender).

6. How is a judgment awarding me damages actually enforced?

A final criminal judgment awarding damages is an enforceable title. To enforce it, you must contact a bailiff, who will ask the court for authorisation of enforcement and then apply measures such as attachment of bank accounts, garnishment of wages or seizure and sale of the debtor’s assets. The procedure follows the rules of civil enforcement in Romanian law.

7. Do I absolutely need a lawyer as a victim?

The law does not always make representation by a lawyer compulsory for victims, but in practice legal assistance can make a major difference. A lawyer helps you to exercise your procedural rights effectively, to join the case as a civil party, to challenge unfavourable prosecutorial decisions and to maximise your chances of obtaining and actually collecting compensation.

8. Where can I find official information on victims’ rights?

Official information in Romanian is available on the Ministry of Justice website – “Drepturile victimelor infracțiunilor” section , on the portals of courts and prosecutors’ offices, as well as in Law no. 211/2004 and the Code of Criminal Procedure , particularly Article 81 on victim’s rights.