Pre-Trial Detention Lawyer Bucharest | Bogdan Lamatic
Is the prosecutor requesting pre-trial detention, or has the measure already been ordered?Pre-trial detention is the most severe preventive measure provided by the Criminal Procedure Code.The defence must be built around the concrete reasons invoked, the evidence in the file and the possibility of a less severe measure.
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What I analyse when detention is requested
Depending on the case, the aim of the defence can be the rejection of the request, judicial control, house arrest or another solution permitted by law.
- the concrete reasons invoked for the arrest;
- the general conditions of preventive measures;
- the special conditions of pre-trial detention;
- the relevant available evidence;
- whether the procedural risks invoked actually exist;
- personal, family and professional circumstances;
- the proportionality of the measure;
- the possibility of applying a less severe measure.
How long pre-trial detention can last
During the criminal investigation the measure can be ordered initially for no more than 30 days, and extensions are subject to the conditions and limits set by law. The total duration in this phase cannot exceed 180 days.
The regime applicable in the preliminary chamber and during trial is distinct and involves periodic verification of the measure.
If the measure has already been ordered
The fact that detention was ordered does not mean the analysis of the defence is over. Depending on the stage of the case, the following can become relevant:
The Criminal Procedure Code allows revocation when the grounds that determined the measure have ceased or new circumstances have appeared, and also regulates replacement with a lighter measure when the legal conditions are met.
- the appeal against the decision;
- the defence against the extension of the measure;
- the periodic verification of the measure;
- revocation;
- replacement with a less severe preventive measure.
Appeal deadlines
Deadlines are very short in this area. For appeals under art. 204-206 of the Criminal Procedure Code the deadline is 48 hours from delivery or, as the case may be, from communication.
If you already have the court decision, tell me the exact date and hour when it was delivered or communicated.
Frequently asked questions
- How long can pre-trial detention last?
During the criminal investigation it can be ordered initially for up to 30 days and extended under the conditions of the law, without the total duration in this phase exceeding 180 days. The regime in the other stages of the proceedings is distinct.
- Who can order pre-trial detention?
It falls within the competence of the judge or the court, depending on the procedural stage. The prosecutor may file the request but cannot order the measure.
- How is pre-trial detention challenged?
Through an appeal against the decision by which the measure was taken, extended or maintained, under art. 204-206 of the Criminal Procedure Code, within the 48-hour deadline.
- Can detention be replaced with a lighter measure?
Yes, if the conditions of art. 242 of the Criminal Procedure Code are met. The grounds of the measure, the evolution of the case and the procedural conduct must be analysed concretely. No outcome can be guaranteed.
- What can be done before an extension hearing?
The defence can be prepared in advance by analysing the invoked grounds, the evidence gathered in the meantime and any relevant new circumstances.
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Official resources
- Art. 202 of the Criminal Procedure Code - general conditions of preventive measures. (Legislation)
- Art. 223 and following of the Criminal Procedure Code - pre-trial detention. (Legislation)
- Art. 204-206 of the Criminal Procedure Code - appeals regarding preventive measures. (Legislation)
- Art. 241-242 of the Criminal Procedure Code - cessation, revocation and replacement. (Legislation)