Almost every criminal defence website speaks only to the accused. Yet every case also has someone who was harmed, and that person has rights nobody usually explains to them. I act for injured parties from the drafting of the complaint through to recovery of the loss.
If you received an order closing the case, you have 20 days. The term runs from communication and is easily missed, because the document arrives by post and looks final. It is not. Call +40 742 833 784.
Three different things called a complaint
- The criminal complaint is the ordinary notification that an offence has been committed. It can be filed at any time within the limitation period for criminal liability.
- The prior complaint is mandatory for certain offences; without it, prosecution cannot be set in motion. The term is three months from the day you learned of the act, under art. 296 of the Code of Criminal Procedure. It applies, among others, to assault and to bodily injury by negligence.
- The administrative-offence complaint has nothing to do with criminal law. It challenges a fine notice and is heard by the district court within 15 days of communication.
If you are unsure which category applies, treat the deadline as three months. It is the only approach that cannot damage your case.
What a complaint must contain to survive
- A description of the act, not of your grievance. Who, what, when, where, how. Without mistaken legal labels that steer the prosecutor in a direction that does not help you.
- A proposed classification. Not mandatory, but a properly argued one changes how the file is handled from the outset.
- Evidence attached from the start. Documents, screenshots, bank statements, the forensic certificate, witness contact details.
- Requests for evidence to be gathered. Securing CCTV footage before it is overwritten, requesting data from a bank or a platform, hearing specific persons. This is where most cases are lost: volatile evidence disappears within days.
- Joining as a civil party, which can be done together with the complaint and completed until the judicial investigation begins.
The prosecutor closed the case. The two steps
- Step 1 — complaint to the hierarchically superior prosecutor, under art. 339 of the Code of Criminal Procedure, within 20 days of communication of the decision.
- Step 2 — complaint to the preliminary chamber judge, under art. 340, within 20 days of communication of the decision given at step 1, addressed to the court that would have jurisdiction to try the case at first instance.
The judge may reject the complaint, may quash the decision and send the case back to the prosecutor for further investigation, or, in certain conditions, may order the trial to begin. The order of the steps is mandatory: you cannot go straight to the judge.
Cases where I act for injured parties
Fraud and online scams, investment and cryptocurrency fraud, road accidents with injury — covered on a dedicated page —, assault, criminal damage, and breach of trust. Also cases where you are both the injured party and a suspect, which happens more often than people expect.
Frequently asked questions
What does filing a criminal complaint cost?
Filing carries no court fee. The cost is the lawyer fee, if you choose to be assisted, and it depends on complexity. Details on the fees page.
Can I file without a lawyer?
Yes. The law does not require the injured party to be assisted. In simple, well-documented cases a complaint filed personally works. The difference appears where it matters which evidence is requested and when — and there, complaints drafted alone frequently end in the case being closed.
I live abroad but the offence happened in Romania. Can I still act?
Yes. You can be represented on the basis of a legal assistance contract, and most steps do not require your presence. You are entitled to an interpreter where your presence is required.
I filed a year ago and nothing has happened. What can I do?
You can request information on the status of the file and lodge a complaint regarding the length of the criminal proceedings, under the Code of Criminal Procedure. Prolonged silence is not a procedural outcome and can be challenged.
I do not know who did it. Is there any point in filing?
Yes. You file against an unknown perpetrator and the judicial bodies are obliged to investigate. In online fraud, identification depends almost entirely on how quickly data is requested from platforms and banks — another reason the first days matter.
When to call
If a deadline is running — the three months for a prior complaint, or the 20 days from a decision closing the case — call now. If you are not sure which applies to you, call anyway: checking takes a few minutes, and a missed deadline cannot be restored.