{"id":6999,"date":"2026-04-22T07:31:12","date_gmt":"2026-04-22T07:31:12","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=6999"},"modified":"2026-10-31T11:35:48","modified_gmt":"2026-10-31T11:35:48","slug":"the-detention-in-prison-which-means-what-follows-after-it","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/retinerea-in-penal-ce-inseamna-si-ce-urmeaza-dupa-ea\/","title":{"rendered":"Detention under penalty: the 24-hour period and the rights of the detained person"},"content":{"rendered":"

Detention is a preventive measure involving deprivation of liberty, ordered during the criminal investigation. It is not a conviction and does not establish guilt. If a close person has been detained, it is important to quickly learn the reasons for the measure, contact the lawyer and follow the deadlines set in the order.<\/p>\n

Who can order the detention and for how long<\/h2>\n

According to Article 209 of the Criminal Procedure Code, detention may be ordered by the criminal investigation body or the prosecutor if the general conditions for a preventive measure are met. The order is issued by a reasoned decision, which also indicates the time of beginning and ending of the measure. The maximum duration is 24 hours; the law provides for certain intervals that are not included in the calculation, such as the strictly necessary time for the person to be brought to the judicial body\u2019s premises and, under the law, the period spent under a warrant of arrest.<\/p>\n

The detention can only be taken after the suspect or defendant has been heard, with a lawyer present. Before the hearing, the person must be informed of the right to an attorney and the right not to give statements, apart from information regarding their identity. The person receives a copy of the order and written information about their rights.<\/p>\n

What happens after the 24 hours<\/h2>\n

Upon the expiration of the term, the person cannot remain detained under the same measure. The prosecutor may submit a proposal to the judge of rights and liberties with a reasoned request for preventive arrest. The judge analyzes the legal conditions and may accept the proposal for a maximum of 30 days, may reject it and order his release, or, if the conditions are met, may take another preventive measure. Detention does not automatically produce preventive arrest.<\/p>\n

Rights that matter immediately<\/h2>\n