Situation of foreign citizens excused for committing criminal deeds on the territory of Romania

Situation of foreign citizens excused for committing criminal deeds on the territory of Romania.

In the event that you are a foreign citizen and you are informed of an accusation made against you by a Romanian authority, we advise you to ask the representatives of the authority to communicate this accusation to you in the language that you understand.

If this accusation is of a criminal nature, namely the deed and the sanctions are provided in the Romanian criminal code (or you suspect that the deed would be of this nature), it is important that all the deeds prepared by the authorities in relation to you are made in the presence of an interpreter and of a lawyer specialized in criminal law.

You have the right to refuse to sign the documents that are presented to you, if you do not understand their content and their implications or if you do not agree with them. You also have the right not to declare anything to the authorities, until you consult a lawyer of your choice. Your position must not be a hostile one against the authorities, but on the contrary, you should be cooperative, however firmly demanding that your rights, that have been previously enumerated, must be respected. If you suspect an abusive attitude on the part of the authorities, which may exceed the limits of the law, our recommendation is to try to establish evidence regarding these acts (eyewitnesses, video or audio recordings).

In the event of an accusation of criminal deeds, on the territory of the Romanian state, you benefit from the right to a fair trial, guaranteed both by the criminal procedure code, as well as by the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. This triple protection, although it should operate ex officio, is actually provided only through the services of a lawyer specialized in the application of criminal law.
We recommend that you maintain the same prudent and reasonable attitude, even if you are informed of your capacity as accused or the procedural documents are communicated to you by mail or by telephone. In this situation, you should also consult a lawyer specialized in criminal law, who will help you prevent any errors that would be difficult to remedy later.

The previously provided advice is also valid if you are accused of committing an offence (an antisocial deed of minor significance, usually punished by payment of a fine). The recommendation to refrain from signing documents of which you do not understand the significance remains valid.