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LAW #135 of 1 July 2010
of the Criminal Procedure Code

(excerpts)

[...]

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. 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.

[...]

CHAPTER VII
Counsels. Legal assistance and representation


ART. 88
Counsels
(1) Counsels assist or represent parties or main subjects in criminal proceedings,
under the law.
(2) The following persons may not by a counsel of a party or of a main subject:
a) the spouse or a relative up to the 4th degree with the prosecutor or the judge;
b) witnesses summoned in the case;
c) those who participated in the same case as a judge or prosecutor;
d) other parties or other trial subjects.
#M2
(3) A retained or court-appointed counsel is under an obligation to provide legal
assistance to parties or to main subjects.
(4) Parties or main subjects who have conflicting interests may not be assisted or
represented by the same counsel.
#B


ART. 89
Legal assistance provided to a suspect or defendant
(1) A suspect or a defendant has the right to be assisted by one or more counsels all
along the criminal investigation, the preliminary chamber procedure and the trial, and
judicial bodies are under an obligation to inform them on such right. Legal assistance
is ensured when at least one of the counsels is present.
(2) A person detained or arrested has the right to contact their counsel, and
confidentiality of communications shall be ensured to them, in compliance with
necessary measures of visual supervision, guard and security, and the conversations
between them shall not be wiretapped or recorded. Evidence obtained in breach of
this paragraph shall be inadmissible.


ART. 90
Mandatory legal assistance provided to a suspect or defendant
Legal assistance is mandatory:
a) when a suspect or defendant is underage, is admitted to a detention center or an
educational center, when they are detained or arrested, even in a different case, and
when in respect of such person a safety measure was ordered remanding them to a
medical facility, even in a different case, as well as in other situations established by
law;
b) when a judicial body believes that a suspect or defendant could not prepare their
defense on their own;
c) during the course of trial, in cases where the law establishes life detention or an
imprisonment penalty exceeding 5 years for the committed offense.


ART. 91
Court appointed counsels
(1) In the situations listed under Art. 90, if a suspect or defendant did not select a
counsel, the judicial body shall take steps to provide them with a court appointed
counsel.
#M2
(2) During the entire course of criminal proceedings, when legal assistance is
mandatory, if a retained counsel is unjustifiably absent, does not ensure a
replacement or refuses unjustifiably to ensure the defense, even though the use of all
procedure rights was ensured, the judicial body shall take steps to obtain
appointment by the court of a counsel to replace them, by providing such
replacement with a reasonable term and with facilities required for the preparation
of an effective defense. This aspect shall be mentioned in a report or, as applicable,
in the hearing report. During the course of the trial, when legal assistance is
mandatory, if a retained counsel is unjustifiably absent from the hearing term, does
not ensure a replacement or unjustifiably refuses to defend, even though the use of all
procedure rights was ensured, the court shall take steps to appoint an ex officio
counsel to replace them, by providing such replacement with a minimum term of 3
days to prepare the defense.
(3) The court appointed counsel is under an obligation to appear whenever they are
called by the judicial body, by ensuring a concrete and effective defense in the case.
#B
(4) The mandate of an ex officio counsel ceases when the selected counsel appears.
(5) If during the trial the counsel is absent and cannot be replaced under the terms of
par. (2), the case shall be continued.
#M2


ART. 92
Rights of the suspect’s and defendant’s counsels
(1) During the course of the criminal investigation, the suspect’s and defendant’s
counsels have the right to witness the performance of any criminal investigation act,
except for:
a) in the situation where special surveillance or investigation methods, set by
Chapter IV of Title IV are used;
b) bodily or vehicle searches, in case of in-the-act offenses.
#B
(2) A suspect’s or defendant’s counsel may request to be informed of the date and
time when a criminal investigation act is performed or of the hearing conducted by
the Judge for Rights and Liberties. Such information takes place through a
notification via phone, fax, e-mail or other such means, and a report shall be prepared
for this purpose.
(3) Absence of the counsel shall not prevent performance of a criminal investigation
act or the hearing, if there is proof that they was informed under the terms of par. (2).
(4) A suspect’s or defendant’s counsel has also the right to participate in any hearing
of any person conducted by the Judge for Rights and Liberties, to file complaints,
applications and memoranda.
(5) In case of a home search, the information set by par. (2) can also be transmitted
after the criminal investigation body appears at the domicile of the person to be
subject to search.
#M2
(6) If a suspect’s or defendant’s counsel is present at the moment when a the
criminal investigation is performed, this aspect, as well as any possible objections
raised, shall be recorded, and such document shall also be signed by the counsel.
(7) During the course of preliminary chamber procedure and of the trial, a counsel
has the right to consult documents of the case file, to assist the defendant, to make
use of the defendant’s procedure rights, to file complaints, applications, motions,
exceptions and objections.
#B
(8) A suspect’s or defendant’s counsel has the right to benefit from the time and
facilities necessary for the preparation and implementation of an effective defense.


ART. 93
Legal assistance provided to victims, civil parties and parties with civil liability
#M2
(1) During the course of the criminal investigation, the counsel of a victim, a civil
party or a party with civil liability has the right to be informed, under the terms of
Art. 92 par. (2), to be present when any criminal investigation act is performed under
the terms of Art. 92, the right to consult documents of the case file, and to file
applications and memoranda. The stipulations of Art. 89 par. (1) shall apply
accordingly.
#B
(2) The counsel of a victim, a civil party or a party with civil liability has the right
set by Art. 92 par. (8).
(3) During the course of trial, the counsel of a victim, a civil party or of a party with
civil liability shall exercise the rights of the assisted person, except for those
exercised by such party in person, and the right to consult documents of the case file.
(4) Legal assistance is mandatory when a victim or civil party lacks mental
competence or has a limited mental competence.
(5) When a judicial body believes that, for various reasons, a victim, civil party or
party with civil liability cannot prepare their defense on their own, it shall order steps
for securing a court appointed counsel.

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