Criminal defence & procedural protection in sexual offence cases (Romania)

This service is for people facing allegations (suspect/defendant), as well as injured parties or witnesses who need procedural protection in a sensitive criminal file. We help you understand your status, manage hearings and evidence, and use the safeguards available under Romanian criminal procedure. Next step: send the documents you have (summons/complaint/minutes) and we schedule a short first assessment.

Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.


When you may need this

  • You received a police/prosecutor summons for a hearing related to sexual allegations.
  • A criminal complaint has been filed against you and you need to understand the procedural risks.
  • You are the injured party and want a structured approach to reporting and participation in the case.
  • You are asked to hand over a phone/device or provide access to messages, photos, accounts, or cloud data.
  • There is a request for preventive measures (detention, judicial control) or restrictions (no-contact orders).
  • There are parallel civil aspects (damages, restraining measures, family implications) that interact with the file.
  • The case involves a minor, vulnerable person, or a context that requires additional safeguards.
  • There is pressure to “settle informally”, withdraw statements, or communicate with the other party.
  • Media exposure or internal workplace issues increase reputational risk and require careful communication.

What we do, in practical terms

  • Clarify your procedural status (suspect/defendant/injured party/witness) and the immediate deadlines.
  • Review the current evidence landscape: what exists, what is missing, and what is likely to be requested next.
  • Prepare for the first hearing (topics, boundaries, right to silence, documentation strategy, stress management).
  • Attend hearings and other procedural acts, ensuring your rights are respected and objections are recorded.
  • Request access to the case file when legally available and plan a phased defence/protection strategy.
  • Assess the legality of evidence collection (searches, device extraction, medical/legal reports) and identify remedies.
  • Draft procedural requests: clarifications, evidence requests, exclusions, complaints, and protective measures.
  • Coordinate a communication and risk-minimisation plan (workplace, family, public statements) without compromising the file.
  • Represent you in court when the case moves to judicial control measures, trial, or appeals.

Documents / information useful for the first assessment

DocumentWhy it mattersNotes
Summons / official notice (police/prosecutor/court)Shows the date, authority, and your procedural qualitySend photos/PDF; note the deadline and any sanctions
Criminal complaint (if available) or a summary of allegationsSets the factual frame and possible legal classificationIf you do not have it, note what you were told and by whom
Minutes of procedural acts (hearing minutes, search minutes)Records what was done and what was said officiallySmall omissions can matter later; keep the original copies
Digital communications (messages, emails, logs)Often central in the evidentiary picturePreserve data; do not alter; export/backup where possible
Medical/forensic documents (if any)May influence the legal framing and credibility assessmentsProvide what you have; do not rely on summaries only
Witness list & contact contextHelps plan hearing strategy and avoid procedural pitfallsAvoid contacting witnesses without legal advice
Any protective measures / restraining measuresDefines restrictions and immediate compliance obligationsNon-compliance can trigger separate consequences

Risks and frequent mistakes

  • Giving a statement before understanding your procedural status and exposure.
  • Contacting the other party, “clearing things up”, or discussing the file in writing.
  • Deleting messages, files, or social media content in a way that later looks like concealment.
  • Signing minutes without reading them or without requesting corrections/objections to be recorded.
  • Missing deadlines for complaints, challenges, or procedural requests.
  • Relying on informal mediation or “advice” from non-lawyers in sensitive criminal contexts.
  • Posting online statements that can be used against you or that escalate the situation.

FAQ

Can I have a lawyer present at the first hearing?

In general, Romanian criminal procedure recognises the right to legal assistance, and you can request that the hearing be conducted with counsel present; the practical approach depends on the authority, your procedural status and urgency.

Should I hand over my phone or provide passwords?

Device access and extraction raise legal and factual issues; the key is to document what is requested, on what legal basis, and what is recorded in the minutes, and to get advice quickly before taking irreversible steps.

If I am the injured party, what procedural protections exist?

Victims may have rights to information, support and protection measures under Romanian law and EU standards; in practice this can include participation rights, requests for protective measures, and structured communication with the authorities.

Can a complaint be withdrawn and does that end the case?

It depends on the legal classification and whether the offence is prosecuted ex officio or requires a prior complaint; the procedural effects can differ, so the specific legal basis must be checked in the file.

How long do these cases usually take?

Timeframes vary widely based on evidence, expert reports and procedural steps; the first assessment focuses on identifying what stage the file is in and what actions are realistic in the short term.

What should I do right now if I received a summons?

Collect the summons and any related documents, avoid discussing the facts in writing, and get prompt legal advice to prepare for the hearing and to understand your rights and obligations.


Relevant internal links

Surse