Remand in custody is a preventive measure under the Romanian Criminal Procedure Code. It deprives a person of liberty before a final judgment and is permitted only where both the general conditions for preventive measures and the specific detention requirements are met.

General conditions

Evidence or sufficiently substantiated indications must establish a reasonable suspicion that the person committed an offence. The measure must be necessary for the proper conduct of proceedings, preventing evasion of investigation or trial, or preventing another offence.

It must also be proportionate to the seriousness of the accusation and necessary for its purpose. A preventive measure cannot be maintained where a legal ground prevents the initiation or exercise of the criminal action.

Reasonable suspicion is not proof of guilt

The reasonable-suspicion standard differs from the standard required for conviction. It concerns whether the evidence objectively supports a plausible suspicion of the alleged offence, rather than a final finding that the defendant is guilty.

The assessment must be reasoned and grounded in the evidence, including the objective-observer approach reflected in European human-rights standards.

Specific grounds under Article 223

Article 223(1) requires reasonable suspicion on the evidence and a specified concrete ground, including:

  • absconding, hiding or preparations to evade proceedings;
  • attempted interference with participants, witnesses or experts, or alteration of evidence;
  • pressure on the injured person;
  • the statutory ground concerning an intentional further offence or preparations for one after initiation of the criminal action.

The separate public-order ground

Article 223(2) concerns its listed serious offences or another offence punishable by imprisonment of five years or more, subject to the precise statutory conditions.

The court must assess seriousness, manner and circumstances of commission, associations, previous record and other personal circumstances, and determine that deprivation of liberty is necessary to remove the identified danger to public order. The seriousness of an accusation does not dispense with an individual assessment.

A further safeguard

Where the defendant has already been remanded or placed under house arrest in the same case, a new remand order requires new grounds making deprivation of liberty necessary under the applicable provision.

The procedure during investigation

The prosecutor submits a reasoned proposal to the judge of rights and freedoms. The judge schedules the hearing and ensures the defendant’s summons or attendance, subject to the statutory exceptions. Legal assistance and the prosecutor’s participation are compulsory.

The decision is made by a reasoned judicial order. During investigation, remand is ordinarily ordered for no more than thirty days at a time under the applicable rules. Any extension, review or maximum total duration requires separate examination.

This general explanation does not establish whether detention is justified in a particular file. The actual proposal, order, evidence and procedural stage must be reviewed.