A criminal case goes through distinct stages, and the mere initiation of criminal prosecution does not mean that a person has been sent to court or found guilty. Below you can find, in brief, what can happen from the investigation of an act to its final resolution.
1. The initiation of criminal prosecution regarding the act
Criminal prosecution usually begins with the investigation of the crime itself (in rem). The criminal prosecution authorities collect and verify evidence to determine whether a crime has been committed and who might be responsible. At this stage, there is not automatically a person charged.
2. Acquiring the status of suspect
If evidence results in reasonable indications that a certain person committed the act, the prosecutor orders the continuation of the criminal prosecution against that person, who acquires the status of suspect. The person must be informed about the act and the legal classification before being questioned in that capacity.
3. The launching of the criminal action
The prosecutor may initiate criminal proceedings by order if there is evidence that the suspect has committed the offense and there is no legal case preventing criminal prosecution. From that moment on, the person has the status of an accused person. This is a stage of criminal prosecution, not a conviction.
4. Rights during the criminal investigation
The suspect and the defendant have the right to defense and to an attorney; they are entitled to be informed of the charges, not to make statements, and to consult the case file under the conditions provided by law. The summons to the police or the prosecutor’s office does not mean that the case has reached the court. Read the summons carefully and discuss it with your lawyer before making statements or filing requests.
5. The prosecutor's solution
At the end of the criminal investigation, the prosecutor may, under the law, order the classification, the abandonment of the criminal prosecution, or referral to court by indictment. The indictment is submitted to the court and concerns the act and the person for whom the criminal prosecution was conducted.
6. Preliminary Chamber
If the case is sent to court, the case first goes through the preliminary chamber. The judge checks, among other things, the jurisdiction of the court, the legality of the referral, the administration of evidence and the acts of criminal investigation. After this stage, if the conditions are met, the trial on the merits begins.
7. Judgment and decision
In the substantive trial, the court examines the evidence and the arguments of the parties. The solution is not limited to acquittal or conviction: the law also provides for other solutions, depending on the case, such as the termination of the criminal proceedings. The decision can be appealed when the law allows, within the applicable time and conditions.
8. Final stay and execution
After the exhaustion of ordinary avenues of appeal or the expiration of the appeal term, the decision remains final. If it imposes an enforceable punishment, the execution is carried out in accordance with the law. Some decisions may provide for different measures or methods of execution, and these depend on the specific solution and the person’s situation.
What is useful to remember
- The status of suspect or defendant does not equate to the guilt established by the court.
- The steps and deadlines vary from case to case; there is no guaranteed single duration.
- You have the right to an attorney and to silence; the exercise of these rights does not replace the concrete analysis of the case file.
The text is for informational purposes only and does not replace legal advice tailored to the documents in the case file. For assistance in Bucharest, see the page about Criminal lawyer.
Official sources: The Code of Criminal Procedure, in particular Articles 305, 309, 327 and 342; Legislative Portal – Decision no. 527/2025.
