LAW #135 of 1 July 2010
of the Criminal Procedure Code
Text shall be in force as of 7 February 2014
This text was updated on the basis of the amending acts that were published in the Official Journal of Romania, Part I, until 7 February 2014.
Main Text
#B: Law #135/2010
Amending acts
#M1: Law #63/2012
#M2: Law #255/2013
#M3: Government Emergency Order #116/2013
#M4: Government Emergency Order #3/2014
The amendments and supplements brought by the regulator acts mentioned above are written in italics. Each amendment or supplement carries an indication before it that defines the regulatory act that brought that amendment or supplement, in the format #M1,#M2, etc.
#B
The Parliament of Romania adopts this Law:
GENERAL PART
TITLE I
Principles and limits of criminal procedure law
ART. 1
Criminal procedure rules and their goal
(1) Criminal procedure rules regulate how the proceedings and other judicial procedures take place in relation to a criminal case.
#M2
(2) The criminal procedure rules are intended to provide effective exercise of the judicial bodies’ responsibilities and guarantee the rights of the parties and the other participants in the criminal proceedings so as to comply with the Constitution, the European Union constitutive Treaties, the other European Union regulations in criminal procedure matters and of the pacts and agreements on fundamental human rights that Romania is a party to.
#B
ART. 2
Lawfulness of the criminal proceedings
Criminal proceedings shall take place according to the stipulations of the law.
ART. 3
Separation of judicial functions
(1) The following judicial functions shall be exercised during the criminal proceedings:
a) the criminal investigative function;
b) the function of issuing orders concerning the fundamental rights and liberties of a person at the stage of the criminal investigation;
#M2
c) the function of examining the lawfulness of the decision to prosecute or drop charges;
#B
d) the trial function.
(2) The judicial functions shall be exercised ex officio, unless the law requires otherwise.
#M2
(3) The exercise of one judicial function is incompatible with the exercise of a second judicial function as part of the same criminal proceedings, except for the one stipulated at par. (1) lett. c), which is compatible with the trial function.
#B
(4) In the exercise of the criminal investigative function the prosecutor and the criminal investigation bodies shall gather the evidence needed to establish whether grounds for prosecution exist.
(5) The acts and measures that are part of the criminal investigation and restrict individual fundamental rights and liberties shall be subject to approval by the designated judge who has authority in this sense, except for cases specifically stipulated by law.
#M2
(6) The lawfulness of the indictment and evidence it relies upon, as well as the lawfulness of decisions to drop charges, shall be subject to approval by the Preliminary Chamber Judge, as under the law.
#B
(7) The trial shall be performed by the court, with legally-assembled judicial panels.
ART. 4
Benefit of the doubt
(1) Any person shall be considered innocent until their guilt is established by a final criminal judgment.
(2) After all the evidence is presented in the case, any doubt persisting in the mind of the judicial bodies shall be interpreted in favor of the suspect or defendant.
ART. 5
Finding the truth
(1) The judicial bodies are under an obligation to ensure the finding of the truth about the facts and circumstances of the case, based on evidence, and about the person of the suspect or defendant.
(2) The criminal investigation bodies are under an obligation to collect and submit evidence both in favor and against the suspect or defendant. Denying or failing to record evidence in favor of the suspect or defendant, in ill-faith, shall be punishable according to the stipulations in this Code.
ART. 6
Ne bis in idem
No person can be investigated or prosecuted for an offense when a final criminal judgment has already been returned concerning that same person for the same offense, even if the charges were different.
ART. 7
Obligatory character of starting and exercising the criminal investigation
(1) The prosecutor is under an obligation to start and exercise the criminal investigation ex officio when evidence exists that shows the commission of an offense and there are no legal grounds to prevent them other than those stipulated at par. (2) and (3).
(2) In the cases and conditions specifically stipulated by law, the prosecutor can waive the exercise of the criminal action if, considering the concrete elements of the case, there is no public interest in performing its object.
(3) In cases specifically stipulated by law, the prosecutor shall start and exercise criminal action after a prior complaint is filed by the victim or after securing authorization or referral from the jurisdictional body or after satisfying another condition required by law.
ART. 8
Fair trial and reasonable duration of the trial
The judicial bodies are under an obligation to exercise the criminal investigation and trial in compliance with the due process guarantees and the rights of the parties and subjects of the trial, so as to provide timely and full finding of the actions that constitute offenses, no innocent person is held criminally liable, and any person who has committed an offense gets punished as under the law, within a reasonable duration.
ART. 9
Right to freedom and safety
(1) Any person’s right to freedom and safety shall be guaranteed as part of the criminal proceedings.
(2) Any custodial or freedom-restrictive measure shall only be ordered exceptionally and only in the cases and conditions stipulated by law.
(3) Any person placed under arrest has the right to be informed within the shortest delays, and in a language they understand, of the reasons they were arrested, and have the right to challenge the arrest warrant.
(4) When it is found that a custodial or freedom-restrictive measure was ordered unlawfully, the jurisdictional judicial bodies are under an obligation to order the measure invalidated and, as the case may be, the detained or arrested individual released.
(5) Any person against whom a custodial or freedom-restrictive measure has been ordered unlawfully during the criminal proceedings is entitled to compensation for their losses, in the conditions stipulated by law.
ART. 10
Right to defense
(1) The parties and main subjects in the proceedings have the right to defend themselves or be assisted by a counsel.
(2) The parties, main subjects on the proceedings and the counsel have the right to be given the time and facilitations needed for preparing a defense.
#M2
(3) The suspect has the right to be informed immediately, and before being interviewed, of the offense the criminal investigation is looking into and the charge for that offense. The defendant has the right to be informed immediately of the offense the prosecution against them has started for, and the charges for that offense.
#B
(4) Before being interviewed the suspect and defendant must be informed that they have the right to make no statements whatsoever.
(5) The judicial bodies are under an obligation to ensure full and effective exercise by the parties and main subjects in the proceedings of their right to defense throughout the criminal proceedings.
(6) The right to defense shall be exercised in good faith, according to the goal for which the law recognizes it.
ART. 11
Observance of human dignity and private life
(1) Any person under criminal investigation or on trial shall be treated in compliance with their human dignity.
(2) Observance of private life, inviolability of the domicile and secrecy of the mail are guaranteed. Restricting the exercise of those rights can only be allowed in the conditions set by law and if necessary in a democratic society.
ART. 12
Official language and the right to have an interpreter
(1) The official language of the criminal proceedings is Romanian.
(2) Romanian citizens who are members of national minorities have the right to speak in their maternal language before courts of law, while procedural acts shall be written in the Romanian language.
#M2
(3) Parties and subjects in the proceedings who do not speak or understand the Romanian language shall be provided, free of charge, with the possibility to learn of the evidence in the case, to speak and to argue in court, using an interpreter. In the situations where legal assistance is mandatory, the suspect or defendant shall be provided, free of charge, with the possibility to communicate via an interpreter with their counsel so as to prepare the hearing, the filing of an avenue of appeals, or any other motion that has to do with the resolution of the case.
#B
(4) Judicial proceedings shall use certified interpreters, as under the law. Included in the category of interpreters are also certified translators, as under the law.
ART. 13
Applicability of procedural law in time and space
(1) Criminal procedure law shall apply to acts undertaken and measures ordered in the criminal proceedings, from its enactment and until it is repealed, except for the situations described in the transient stipulations.
(2) Romanian criminal procedure law shall apply to acts undertaken and measures ordered on the territory of Romania, with the exceptions specified by law.
TITLE II
Criminal action and civil action in criminal proceedings
CHAPTER I
Criminal action
ART. 14
Purpose and use of criminal action
(1) Criminal action seeks to hold persons having committed offenses criminally liable.
(2) Criminal action is initiated through the indictment set by the law.
(3) Criminal action can be exercised throughout the criminal proceedings, under the law.
ART. 15
Requirements for initiating or making use of criminal action
Criminal action is initiated and exercised when there is evidence leading to a reasonable presumption that a person committed an offense, and when there are no circumstances preventing its initiation or use.
ART. 16
Circumstances preventing initiation and exercise of criminal action
(1) Criminal action may not be initiated, and when it has already been initiated, may not be used if:
a) the action in question does not exist;
b) the action is not covered by the criminal law or was not committed with the guilt required by law;
c) there is no evidence that a person committed the offense;
d) there is a justifying or non-imputability cause;
e) a prior complaint, an authorization or seizure of the body of competent jurisdiction or other requirement set by the law, required for the initiation of criminal action, is missing;
f) amnesty or statute of limitations, or death of a natural-person suspect or defendant occurred or de-registration of a legal-entity suspect or defendant was ordered;
g) a prior complaint was withdrawn, for offenses in relation to which its withdrawal removes criminal liability, reconciliation took place or a mediation agreement was concluded under the law;
h) there is a non-penalty clause set by the law;
i) double jeopardy (res judicata);
j) a transfer of proceedings with a different country took place under the law.
(2) In the situations set under par. (1) items e) and j), criminal action may be initiated subsequently, under the terms set by the law.
ART. 17
Extinguishment of criminal action
(1) During the course of the criminal investigation, criminal action is extinguished through closure or through dropping charges, under the terms set by the law.
#M2
(2) During the course of criminal proceedings, such action is extinguished under the circumstances where a court sentence ordering a conviction, waiver of penalty, delay of penalty, acquittal or termination of criminal proceedings remains final.
#B
ART. 18
Continuation of criminal proceedings upon request by the suspect or defendant
In case of amnesty, statute of limitations, prior complaint withdrawal, existence of a non-penalty or non-imputability cause, or in case of dropping charges, a suspect or defendant may request continuation of criminal proceedings.
CHAPTER II
Civil action
ART. 19
Purpose and use of a civil action
#M2
(1) A civil action initiated in criminal proceedings seeks to establish the civil liability in tort of the persons liable under the civil law for damages caused by having committed an act that is the subject matter of criminal action.
#B
(2) A civil action is used by a victim or by their successors, who become a civil party against the defendant and, as applicable, against the party with civil liability.
#M2
(3) When a victim lacks mental competence or has a limited mental competence, a civil action shall be initiated on their behalf by their legal representative or, as applicable, by the prosecutor, under the terms of Art. 20 par. (1) and (2), and pursues, depending on the interests of the person whose behalf this is initiated, to hold the responsible persons person with civil liability in tort.
#B
(4) A civil action is settled within the criminal proceedings, if this does not lead to exceeding the reasonable duration of the trial.
(5) Material and moral damages shall be remedied according to the stipulations of civil law.
ART. 20
Bringing civil action in criminal proceedings
(1) Civil action can be introduced in criminal proceedings by the moment of commencement of judicial examination. Judicial bodies are under an obligation to inform victims on the existence of such right.
(2) Civil action may be introduced in criminal proceedings in writing or verbally, by indicating the nature and scope of claims, and the reasons and evidence on which this is based.
(3) In the event that civil action is introduced in criminal proceedings verbally, judicial bodies are under an obligation to record this in a report or, as applicable, in the hearing report.
(4) In the event that any of the requirements set by par. (1) and (2) are not met, a victim or its successors may no longer become a civil party in criminal proceedings; however, they may file such action with a civil court.
(5) Until completion of judicial examination, a civil party may:
a) correct clerical errors contained in the application to become a civil party incriminal proceedings;
b) increase or decrease the scope of claims;
c) request remedy of material damages through the payment of a monetary compensation, if an in-kind remedy is no longer possible.
#M2
(6) In the event that a large number of persons, who do not have contrary interests, become civil parties in criminal proceedings, these may appoint a person to represent their interests within the criminal proceedings. If civil parties did not appoint a joint representative, for the proper conducting of criminal proceedings, the prosecutor or the court may appoint, through an order or through a reasoned court resolution, a court-appointed counsel to represent their interests. Such court resolution or order shall be communicated to the civil parties, who have to inform the prosecutor or the court if they refuse to be represented by such counsel appointed by the court. All process acts communicated to the representative or of which such representative took knowledge are presumed to be known by the represented persons.
(7) If a right related to the remedy of damages was transmitted conventionally to other persons, such persons may no longer initiate a civil action in criminal proceedings. If such right is transmitted after the person in question became a civil party in criminal proceedings, a civil action may be disjoined.
#B
(8) A civil action seeking to hold person with civil liability both the defendant andthe party with civil liability, filed with a criminal or civil court, is exempted from judicial stamp fees.
ART. 21
Introduction of a party with civil liability in criminal proceedings
#M2
(1) A party with civil liability may be introduced in criminal proceedings upon request by the party entitled under the civil law, within the term set by Art. 20 par. (1).
#B
(2) When a civil action is initiated, the prosecutor is under an obligation to request introduction of a party with civil liability in the criminal proceedings, under the terms of par. (1).
#M2
(3) A party with civil liability may intervene in criminal proceedings until completion of the judicial examination conducted by the court of first instance, and shall continue procedures from the stage where they are at the moment of intervention.
#B
(4) In respect of a civil action, a party with civil liability benefits from all rights established by the law for a defendant.
ART. 22
Waiver of civil claims
(1) A civil party may waive all or part of the claims raised by it until completion of debates in appeal.
(2) Such waiver may take place either through a written application or verbally, in the court hearing.
(3) A civil party may not change its mind in respect of such waiver and may not file an action with a civil court in relation to the same claims.
ART. 23
Settlement, mediation of acknowledgment of civil claims
(1) In respect of civil claims, during the course of criminal proceedings, the defendant, the civil party and the party with civil liability may conclude a settlement or mediation agreement, under the law.
(2) The defendant, based on the consent of the party with civil liability, may accept all or part of the civil party’s claims.
(3) In case of acceptance of civil claims, the court shall order indemnifications, to the extent of such acknowledgment. In respect of non-accepted claims, evidence may be produced.
ART. 24
Use of a civil action by or against successors
(1) A civil action shall remain under the competence of jurisdiction of the criminal court in case of death, reorganization, winding up or dissolution of a civil party, if its heirs or, as applicable, successors in title or liquidators explicit their choice to continue the civil action, within maximum two months as from the date of such death or reorganization, winding up or dissolution.
#M2
(2) In case of death, reorganization, winding up or dissolution of a party with civil liability, a civil action shall remain under the competence of jurisdiction of the criminal court if the civil party indicates the heirs or, as applicable, successors in title or liquidators of the party with civil liability within maximum two months as from the date when it took knowledge of the relevant circumstance.
(3) *** Repealed
#B
ART. 25
Settlement of a civil action in criminal proceedings
#M2
(1) The court shall decide both on the criminal action and on the civil action through the same judgment.
#B
(2) When a civil action seeks remedy of material damages through the restitution of a specific object, and such restitution is possible, the court shall order that the relevant object be returned to the civil party.