If the prosecutor or the police come to your home, first find out if it is a summons, a request for discussion, a search, or the execution of another measure. The procedures and rights differ. Remain calm, ask to see the relevant documents, and do not physically obstruct the judicial authorities.

If it is a home search

During the criminal investigation, the home search is usually ordered by the judge of rights and liberties at the request of the prosecutor, under the conditions of the Code of Criminal Procedure. Before the start, the judicial body legitimates itself and hands over the warrant to the person being searched or to another person provided for by law. Read the place, the purpose and the objects or evidence sought, and verify whether the document concerns that address. The law provides for exceptional situations in which certain formalities may be postponed or omitted; do not draw conclusions based solely on an apparent irregularity.

The search cannot begin before 6:00 a.m. or after 8:00 p.m., except in the case of a flagrant crime or a place open to the public at that time. If you request the presence of a lawyer, the start of the search is postponed until his arrival, but no more than two hours after the notification of this right, with measures to preserve the place; the Code provides for exceptions for urgent situations. You can also request the presence of a trusted person, under the law.

What do you do during and after the search?

  • record the start time, the persons present and the documents presented;
  • does not prevent execution, but calmly expresses objections and requests that they be recorded;
  • requests the minutes and verifies the description of the goods collected, the seals and the copies received;
  • do not modify, hide or destroy objects and data that may be related to the cause;
  • he/she discusses with the lawyer before giving statements about the accusation.

An irregularity does not automatically render the search or all evidence null and void. The legality of the act, the exclusion of a piece of evidence, and the available remedy are analyzed according to the Code and the specific circumstances.

If it is not about a search

Ask to be explained the reason for the visit and check any summons or document received: the issuing authority, the nature of the summons, the date and the consequences of non-appearance. If you are a suspect or defendant, you have the right to an attorney and to silence, under the law. Verify the authenticity of the document through the official data of the institution and contact a lawyer before making statements or signing documents you do not understand.

Consult Criminal Procedure Code, Articles 157–159. For assistance in a criminal case, see the page Criminal lawyer Bucharest. The information is general; check the documents and the concrete basis of the measure.