House Arrest Lawyer Bucharest | Bogdan Lamatic
Are you under house arrest, or is this measure about to be discussed?House arrest is a preventive measure involving deprivation of liberty, executed in the premises set by the judicial body.Depending on the situation, challenging the measure, replacing it with a less severe one or requesting permission to leave the premises can be analysed.
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How long house arrest can last
During the criminal investigation it can be ordered for no more than 30 days, with the possibility of extension under the conditions of the law, and the maximum duration in this phase is 180 days.
The person must remain in the premises where the measure is executed and comply with the obligations imposed, with the exceptions permitted by law or approved by the competent judicial body.
What I do for you in a house arrest case
Situations concerning professional activity, medical treatment or other well-justified personal circumstances can become relevant. Each request must be analysed individually.
- I prepare the defence against the measure when you contact me before the hearing;
- I analyse the available remedy;
- I request replacement with a less severe measure where there are grounds;
- I analyse the possibility of revocation;
- I file requests to leave the premises where there is a justified reason and the legal conditions are met.
What I check if the measure has already been ordered
Send me the court decision and explain the concrete problem the measure creates for you.
- whether a remedy is available;
- whether the measure is still necessary;
- whether it can be replaced with a less severe one;
- whether new circumstances have appeared;
- whether a request to temporarily leave the premises is needed in a situation permitted by law.
Frequently asked questions
- How long can house arrest last?
During the criminal investigation it can be taken for up to 30 days, with the possibility of extension under the law, and the maximum duration in this phase is 180 days.
- Who can order house arrest?
The measure falls within the competence of the judge or the court, depending on the procedural stage and the applicable procedure.
- Can I leave the premises for work or medical treatment?
In the situations and under the conditions provided by law, permission to leave the premises for a determined period and a justified purpose can be requested. There is no automatic approval and the request must be argued.
- Can house arrest be replaced with judicial control?
Yes, where the conditions of art. 242 of the Criminal Procedure Code on replacement with a lighter measure are met.
- How is house arrest challenged?
Through an appeal against the court decision, under art. 204-206 of the Criminal Procedure Code. The deadline is 48 hours from delivery or, as the case may be, from communication.
Contact | Free initial assessment
Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.
Official resources
- Art. 218-222 of the Criminal Procedure Code - house arrest. (Legislation)
- Art. 204-206 of the Criminal Procedure Code - appeals regarding preventive measures. (Legislation)
- Art. 242 of the Criminal Procedure Code - revocation and replacement of preventive measures. (Legislation)