Română
A summons to a Romanian police station or prosecutor’s office should be taken seriously, but it does not automatically mean that you are accused of an offence. First check which institution issued it, the case number, when and where you must attend and, most importantly, the procedural capacity in which you will be interviewed.
A witness, injured party, suspect and defendant have different positions under Romanian criminal procedure. Your rights and duties must be considered in light of that capacity and the facts of the case.
What should you check when you receive a summons?
Read the whole document rather than only the appointment date. Check:
- the name and official contact details of the judicial authority;
- the case number, if stated;
- the procedural capacity in which you are summoned;
- the date, time and place of attendance;
- the stated consequences of non-attendance and any requested documents.
If you received only a call or message and doubt its authenticity, verify it using independently obtained official contact details. Do not send identity documents or financial information to an unverified contact.
Why does your procedural capacity matter?
Witness
A witness is asked to state what they know about relevant facts or circumstances. Witnesses have specific duties, including attendance and truthful evidence, as well as rights provided by law. If an answer may expose the witness to criminal liability, the situation requires careful legal consideration.
Injured party
An injured party is a person who has suffered physical, material or non-financial harm through the alleged offence. They may propose evidence, make applications, receive procedural information and seek compensation in accordance with Romanian law.
Suspect or defendant
A suspect is a person in relation to whom there is a reasonable suspicion that an offence was committed. A defendant is a person against whom criminal proceedings have formally been initiated. Neither status is equivalent to a conviction.
The Romanian Code of Criminal Procedure recognises, among other safeguards, the right not to make a statement, the right to be informed of the alleged act and legal classification and the right to a lawyer. Exercising a procedural right should not be treated as an admission of guilt.
What rights apply before and during questioning?
The exact rights depend on your capacity. For a suspect or defendant, particularly important rights include:
- the right to be informed of the allegation and its legal classification;
- the right not to give a statement, after the consequences are explained;
- the right to assistance from a chosen lawyer and, where required by law, an appointed lawyer;
- the right to propose evidence and submit applications;
- the right to inspect the case file under the applicable procedural conditions;
- the right to an interpreter where you do not understand or communicate adequately in Romanian.
A suspect’s or defendant’s lawyer may attend investigative acts under the conditions established by law, submit requests, complaints and written observations, and ask to be notified of certain acts or interviews.
How should you prepare for the interview?
Reconstruct facts, not a convenient account
Write a chronology of what you remember and distinguish what you observed directly from information received from others. Do not fill gaps with assumptions or memorise a constructed story. If you do not remember a detail, say so.
Collect relevant documents
Keep the summons, procedural documents, messages, contracts, photographs and other material that may relate to the matter. Do not delete data or alter documents. Discuss their relevance and lawful submission with your lawyer.
Avoid public discussion of the case
Do not post explanations on social media or try to coordinate statements with other people. Communications may become relevant evidence, and disclosing information may affect the rights of others or the investigation.
What happens while a statement is taken?
Before questioning, your identity and procedural capacity should be clarified and the applicable rights and duties explained. Listen to each question, request clarification where necessary and answer only within the limits of what you know.
Before signing, read the entire statement. Check names, dates, times, amounts and wording that may change the meaning of what you said. If it is inaccurate, request correction or the inclusion of your observations. Do not sign incomplete pages or rush because of time pressure.
Can you refuse to give a statement?
A suspect or defendant has the right not to make a statement. The choice between giving evidence and remaining silent should be informed by the allegation and available case context. There is no universal strategy: an approach suitable in one matter may be unsuitable in another.
The position of a witness is different. A witness has legal duties but also procedural safeguards, including protections concerning self-incrimination. Where that risk exists, legal advice before the interview is recommended.
When is it useful to contact a lawyer?
Consulting a Romanian criminal lawyer is particularly important if:
- you are summoned as a suspect or defendant;
- your procedural capacity is unclear;
- the facts may expose you to criminal liability;
- a search, preventive measure or other urgent act is expected;
- the case involves extensive documents or technical issues;
- you have already made a statement and identify material errors or omissions.
A lawyer does not replace an honest account of the facts. Their role is to explain Romanian procedure, protect the effective exercise of your rights and assist with lawful applications and defences. Learn more about our criminal law services in Romania.
Frequently asked questions
Does a summons mean I am accused?
No. A person may be summoned in several capacities. Read the document and establish your status before attending.
May a lawyer attend the interview with me?
The right and manner of legal assistance depend on your procedural capacity. For a suspect or defendant, access to a lawyer is a fundamental safeguard.
Must I answer every question immediately?
Request clarification if a question is unclear and exercise the rights attached to your status. Do not guess or present assumptions as facts.
Can I correct the statement before signing?
The written statement should accurately reflect what you said. Identify discrepancies and request corrections before signing.
Have you received a summons in Romania?
If you were called to a Romanian police station or prosecutor’s office and need to understand the procedure, schedule a consultation. Send only the information needed to arrange the discussion; a complete assessment requires the relevant documents and circumstances.
Indicative source: the Romanian Code of Criminal Procedure, particularly the provisions concerning suspects, defendants and defence lawyers. This article is for information only and is not individual legal advice.
