Criminal Law Procedures
We provide to our clients all the necessary legal protection afforded by criminal law, when the clients are affected by criminal offenses, in any situation that requires such action.
We also provide legal advice for proactive compliance with the criminal law to protect clients against the risk of criminal prosecution related to their business.
Therefore, our team ensures for our clients:
- Legal opinions on the Criminal Code and the Criminal Procedure Code and related to criminal offenses regulated by other special laws
- Due diligence related to the risks of criminal liability for certain types of regulated businesses
- Settlement agreements for civil damages in criminal proceedings
- Internal investigations and advice on forensic procedures for detecting fraud and other non-compliant business practices
- Drafting of criminal complaints and representation/assistance before the Police, Prosecutors’ Offices and Courts
We have significant exposure to and expertise in criminal cases regarding cybercrime, counterfeiting, theft of business assets and fraud.
Frequently Asked Questions
Can a company be held criminally liable in Romania?
Yes. The Romanian Criminal Code provides for the criminal liability of legal entities, with the exception of the state and public authorities, for offenses committed in the course of their business, in their interest or on their behalf. The company's liability does not exclude the personal liability of the individuals involved. The main penalty is a criminal fine, and courts may add complementary penalties such as suspension of activity, closure of business locations, exclusion from public procurement, judicial supervision or, in serious cases, dissolution.
What should a company do if investigators arrive with a search warrant?
Stay calm, cooperate and do not obstruct the search. Ask to see the warrant and check its scope, the premises covered and the issuing authority. Contact your lawyer immediately and designate a manager to accompany the investigators. Do not destroy, hide or alter any documents or data. Keep a list of everything copied or seized and make sure the official search report accurately records what happened, adding any objections before signing. A written internal protocol prepared in advance makes this much easier to manage.
What is the difference between a suspect and a defendant in Romanian criminal proceedings?
A person becomes a suspect when the criminal investigation is continued against them, on the basis of a reasonable suspicion that they committed an offense. They become a defendant once the prosecutor formally initiates criminal action against them, which signals stronger evidence. Both have procedural rights, including the right to be informed of the accusation, to remain silent, to be assisted by a lawyer and to propose evidence. Companies can hold either status, acting through a legal representative.
Can a company recover its losses in a criminal case in Romania?
Yes. A company harmed by an offense can participate as an injured party and file a civil claim within the criminal proceedings, asking the court to order the perpetrator to compensate the damage. The claim must be raised within a procedural deadline set by the Romanian Criminal Procedure Code, so timing matters. Alternatively, the company may pursue a separate civil action. For certain offenses, the parties can also settle, which may lead to the closure of the criminal case.