{"id":7055,"date":"2026-04-26T16:40:26","date_gmt":"2026-04-26T16:40:26","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7055"},"modified":"2026-10-31T11:26:44","modified_gmt":"2026-10-31T11:26:44","slug":"mistakes-that-can-destroy-your-defense-in-a-criminal-case","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/greseli-care-iti-pot-distruge-apararea-intr-un-dosar-penal\/","title":{"rendered":"Common mistakes in defending a criminal case"},"content":{"rendered":"

In a criminal case, a decision made without understanding the charge, the documents received, or the applicable deadlines can complicate the defense. Some procedural issues must be invoked at a certain point, but not every irregularity automatically leads to the evidence being discarded or the case being closed. Below are some common mistakes and practical steps to avoid them.<\/p>\n

1. To make statements without understanding the accusation and your rights<\/h2>\n

Before the hearing, the suspect must be informed about the crime and the legal classification. The suspect and the defendant have the right to be assisted by a lawyer and not to give statements. The choice to answer or to remain silent must be made with full knowledge of the facts, after discussing the case with their defense attorney. There is no rule that silence automatically disadvantages you or that any statement given without consultation will be excluded.<\/p>\n

2. To assume that the lawyer is optional in any situation<\/h2>\n

The lawyer can assist the suspect or accused throughout the criminal investigation, preliminary hearing and trial. In the situations listed in Article 90 of the Code of Criminal Procedure, legal assistance is mandatory; if the person does not have an attorney chosen, measures are taken to appoint one from the office. Check with the lawyer together if the specific situation falls into such a case.<\/p>\n

3. Ignore the citations, orders and deadlines<\/h2>\n

Keep the received documents, note the date of the communication and forward them to the lawyer. The deadlines vary depending on the act, stage and procedural route. An absence or a belated submission of a request may have consequences, but these depend on the applicable rules and the circumstances of the case; it cannot be assumed that any irregularity is \u201evalidated\u201d by mere presence.<\/p>\n

4. Do not report a procedural problem in time<\/h2>\n

The Code distinguishes between absolute and relative nullities and establishes different rules regarding the conditions and the moment of their invocation. Some violations produced during the criminal proceedings must be invoked until the closure of the preliminary chamber; relative nullity presupposes, among other things, a procedural harm that cannot be remedied otherwise. Not every error is nullity and not every nullity automatically produces the exclusion of all evidence. The analysis must be made on the concrete act and its effects.<\/p>\n

5. To leave unexamined the evidence and requests for evidence<\/h2>\n

Together with the lawyer, inventory the existing evidence and the aspects that need to be clarified. Requests for the administration of evidence are formulated according to the rules and stages of the Code of Criminal Procedure; their usefulness and admissibility are assessed in the context of the case. Avoid modifying, deleting, or publishing materials that could be related to the case file and seek advice before contacting witnesses or other involved parties.<\/p>\n

6. Treat the call as a formality<\/h2>\n

The appeal has legal conditions and deadlines, and the reasons must be reported to the decision and the criticisms that the law allows. It does not assume that in all cases there is a \u201esecond appeal\u201d after the appeal or that a generally formulated appeal will solve the problems in the case. Ask the lawyer to check the decision, the time limit for exercising it, and the specific requirements applicable to the case.<\/p>\n

What you can practically do<\/h2>\n