If you received a summons from DNA/prosecutors, you were called for questioning, or you are affected by an investigation involving bribery, influence peddling or abuse of office, the first priority is procedural control: clarify your status, secure key documents, map the timeline and react to deadlines or urgent measures (searches, seizures, asset freezing, judicial control).
For a first assessment, send the procedural acts you received (summons, orders, minutes) and a short timeline. From there we set priorities: how to approach questioning, what requests make sense, what evidence must be preserved, and how to manage collateral professional consequences where relevant.
Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.
When you may need this
- You were summoned by DNA/prosecutor/police and you want a clear plan before any statement.
- You are treated as a suspect/defendant, or you were informed this may follow.
- You are questioned as a witness, but the context suggests a real risk of reclassification.
- The file concerns bribery, influence peddling or related offences under Romanian law (including Law no. 78/2000).
- A search was carried out, documents/devices were seized, or you were asked to hand over data.
- Your accounts/assets were frozen (seizure measures) and operations are affected.
- You received an important procedural act (commencement, formal charges, extension, indictment) and need a plan.
- There is a risk of preventive measures (judicial control, house arrest, detention) and you need preparation for the first hearing.
- The case involves sensitive evidence (interceptions, controlled operations, cooperation mechanisms, EU funds) and strategy must match the record.
What we do, step by step
- Set the framework: confirm the competent authority, procedural stage, your status and deadlines triggered by the acts served.
- Centralise documents and fix the timeline on records: who did what, when, under what authority, what was signed, paid and communicated.
- Seek and review access to the file where legally possible, to see what evidence actually exists.
- Prepare for questioning: objectives, rights, risk points and supporting documents for a coherent approach (including the option to defer a statement where appropriate).
- Check evidence legality and reliability (searches, seizures, interceptions, minutes, expert reports) and identify vulnerabilities.
- Draft procedural requests and defence steps: clarifications, additional evidence, exclusion of unlawful evidence, experts, witnesses.
- Handle urgent measures: challenge freezing measures, prepare for preventive measures, argue proportionality.
- Coordinate professional/administrative exposure where relevant, to avoid contradictions between tracks.
- Prepare next phases: preliminary chamber (legality of indictment and evidence) and trial strategy, without promises on outcome.
Useful documents / information for the first review
| Document | Why it matters | Notes |
|---|---|---|
| Summons, notices, letters from DNA/prosecutors/police | Sets procedural stage, status and deadlines | Include annexes and proof of service (envelope/email confirmation) |
| Orders/indictment (if available) | Shows classification, alleged facts and prosecution theory | Note file number, authority and date |
| Search/seizure minutes and inventories | Key for legality challenges and what was collected as evidence | Keep copies of all lists and any witness information |
| Freezing/seizure orders and bank notifications | Defines scope and immediate effects | Include statements, liens, valuations or ownership documents |
| Role and duty documents (job description, delegations, internal procedures) | Clarifies responsibilities and decision chain (often central in office-related allegations) | Include organograms and approvals |
| Contracts, decisions, notes, minutes (procurement/licensing/inspections) | Shows basis of decisions and factual context | Provide the complete chain, not selected excerpts |
| Accounting and payment records (invoices, orders, statements) | Verifies flows and alleged benefit/damage | Add simple explanations for each key transaction |
| Relevant communications (emails/messages/logs) and retention policies | Confirms timeline and can counter misreadings | Do not delete; preserve originals and metadata where possible |
Risks and common mistakes
- Giving a statement too early, without preparation and without a clear timeline.
- Discussing the case with third parties and creating contradictions or allegations of influence.
- Providing incomplete documents or context-free excerpts that can be misread.
- Missing short deadlines for challenges and procedural requests.
- Deleting or altering messages/documents, which can create additional exposure and weaken defence options.
- Public statements (press/social media) before the record is analysed.
- Underestimating collateral effects (position, contracts, disciplinary proceedings) and acting uncoordinated.
FAQ
I received a DNA summons. What should I do before I go?
Confirm the date, time and the capacity in which you are summoned, keep all documents served on you, and write a short factual timeline. Avoid discussing the merits with third parties, and prepare relevant documents so your appearance is controlled and consistent.
Can I refuse to give a statement at questioning?
Options depend on your procedural status and the context. The decision to speak or to defer should follow a review of the acts and risks, to avoid statements that are later difficult to support.
What is the practical difference between bribery and influence peddling offences?
The difference turns on the person’s role, the link to an official act and how the alleged benefit is framed. Correct classification is evidence-driven, and timeline and documents can shift the analysis.
In abuse of office cases, what matters most for a first assessment?
Key elements are the concrete duties, the specific act/decision, the breached legal norm, the decision chain and evidence of intent and alleged consequences. Comparing records with the applicable procedure often clarifies the case early.
What should I do during a search or if documents are seized?
Ask to see the procedural acts (warrant/order), note what is taken, and obtain copies of the minutes and inventories. On-the-spot explanations can backfire; early legal assistance helps keep the process documented and controlled.
What can be done if my accounts or assets are frozen?
Freezing measures have procedures and time limits, and the effects are immediate. We need the order, the service date and an assessment of legal basis, scope and proportionality to decide the appropriate procedural steps.
Can the investigation affect my position or contracts?
Some cases have collateral employment or administrative effects (suspension, disciplinary steps, audits). Coordinating documents and positions helps avoid inconsistencies between the criminal and professional tracks.
Contact
Relevant internal links
- Servicii avocat drept penal
- Servicii avocat contencios administrativ și urbanism
- Onorariul avocațial (ghid)
- Contact avocat
Sources
- Romanian Criminal Code (Law no. 286/2009) – Portal Legislativ
- Romanian Criminal Procedure Code (Law no. 135/2010) – Portal Legislativ
- Law no. 78/2000 on preventing, discovering and sanctioning corruption acts – Portal Legislativ
- Emergency Ordinance no. 43/2002 on the National Anticorruption Directorate (DNA) – Portal Legislativ
- National Anticorruption Directorate (DNA) – official website
- Constitutional Court Decision no. 405/2016 (abuse of office) – Portal Legislativ
- Law no. 200/2023 (amendments to the Criminal Code, incl. Art. 297) – Portal Legislativ
- High Court: Decision no. 26/2021 (RIL) on DNA competence (Emergency Ordinance 43/2002)
- Directive 2014/42/EU on freezing and confiscation of instrumentalities and proceeds of crime – EUR-Lex
- Regulation (EU) 2018/1805 on mutual recognition of freezing and confiscation orders – EUR-Lex