If you received a summons in a DIICOT case or a search was conducted, it is natural to have questions: in what capacity were you summoned, what should you say and what happens to the phone or documents seized?<\/p>\n
The mere citation in a DIICOT file does not mean guilt.<\/strong> You can be called as a witness to provide information you possess, without being charged. The status of suspect or defendant does not equate to a conviction. It is important to know what procedural status you have and to understand the related rights before making decisions.<\/p>\n DIICOT is a specialized structure that conducts criminal investigations for the crimes provided for in its jurisdiction. Ordinance no. 78\/2016<\/a> and through special laws. It does not handle any criminal case and it does not become competent just because an act is serious or the cause is complex. The exact classification and the conditions of the law must be analyzed for each case.<\/p>\n Depending on the applicable rules, certain cases concerning organized crime, drug trafficking, human trafficking, cybercrime or terrorism may come under the jurisdiction of the structure. These examples do not mean that any act in a broad category automatically falls under DIICOT.<\/p>\n The witness<\/strong> he is called upon to report what he knows about relevant facts or circumstances. In principle, he has the obligation to present himself and declare according to reality, but he also has special rights: he may not declare facts that would incriminate him and he may be assisted at the hearing by the lawyer he presented himself with.<\/p>\n The suspect<\/strong> is the person against whom there is reasonable suspicion that they have committed an act stipulated by criminal law. The defendant<\/strong> it is the person against whom the criminal action was initiated. Both of these qualities allow the exercise of the rights of the defense and do not constitute, per se, the establishment of guilt. The Code of Criminal Procedure regulates these qualities in articles 77\u201383.<\/p>\n Before the hearing, check the summons and ask the judicial body what capacity you are summoned. If your status changes during the proceedings or the questions may expose you to an accusation, ask for clarification and discuss with your lawyer about the applicable rights.<\/p>\n The suspect and the defendant have the right to be assisted by one or more lawyers during the criminal investigation, the preliminary hearing and the trial. Legal assistance is mandatory in the situations provided for by law, for example in certain cases related to age, deprivation of liberty or the limits of punishment. These rules are mainly found in Articles 89\u201391 of the Code of Criminal Procedure.<\/p>\n The suspect or defendant has the right not to make statements, to be informed about the investigated act and legal classification, to consult the file under the law and to propose evidence. The right to remain silent is not an admission of guilt. A statement given can be used as evidence, so the decision to answer must be made with full knowledge of the facts.<\/p>\n The review of the case is carried out in accordance with Article 94: the lawyer may request access during the criminal proceedings, and during the criminal investigation there may be justified restrictions under the law. Access does not necessarily mean that every document becomes immediately available. The suspect or accused person may request the administration of certain evidence, but their admission is analyzed according to procedural rules.<\/p>\n If you are a witness, do not assume that you have exactly the same status as the suspect or defendant. Article 118 grants the witness the right not to testify about facts that would incriminate him; the judicial authority must inform you of this right before the hearing. If you appear accompanied by a lawyer, they may attend the hearing.<\/p>\n During the hearing, identity data can be verified, the quality and rights communicated, then questions about the cause are asked. If you do not know an answer or do not remember a detail, do not make assumptions. Request the reformulation of unclear questions and discuss with the lawyer before deciding how to exercise your rights.<\/p>\n Before signing the statement, read it in its entirety and check that it faithfully reflects what you have said. Request the rectification of inaccurate passages and the recording of relevant observations. Do not sign a document that you have not read or do not understand. For preparation of the meeting, see also the article about what you do when you receive a summons to the police or prosecutor's office<\/a>.<\/p>\n The home search is carried out in accordance with the Code of Criminal Procedure. Before starting, the judicial authority legitimates itself and provides a copy of the warrant in accordance with Article 159. The person being searched has the right to have a lawyer present; if they request the presence of a lawyer, the start of the search is postponed until their arrival, but no more than two hours, with the exceptions provided by law for emergencies or the impossibility of contacting a lawyer.<\/p>\n Maintain a calm demeanor and do not obstruct the execution of the measure. Check the minutes and the description of the goods seized; request the recording of concrete objections and keep the received documents. If a phone or computer belongs to another person or is used in common, report this to be recorded. Do not delete data, modify documents, or try to influence persons who could be questioned.<\/p>\n The installation of a device and the examination of the data are distinct aspects that must be analyzed in relation to the orders issued and the concrete circumstances. For details regarding the mandate and the procedure, you can read the article about the home search and the rights of the person searched<\/a>.<\/p>\n An interrogation does not automatically lead to a preventive measure. Article 202 of the Code of Criminal Procedure requires that the measure pursue a procedural purpose provided by law and be necessary and proportionate to the severity of the accusation. Detention may be ordered during the criminal investigation by the investigative body or the prosecutor, in accordance with Article 203.<\/p>\n Preventive arrest and house arrest are ordered by the judge; they do not constitute punishment and do not establish guilt. The judge examines the legal conditions and the necessity of the measure in the specific case. Applications or objections regarding preventive measures have their own rules and deadlines, which must be immediately verified in the document received together with the lawyer.<\/p>\n Keep the summons, the minutes of the proceedings and any documents received. Note the date, place and the procedural status indicated. Do not ignore the summons; if there is a real impediment to attendance, communicate the situation and request legal guidance on the appropriate steps to be taken.<\/p>\n Prepare an accurate timeline for the lawyer and separate what you observed directly from information obtained from other people. Set aside documents, conversations, or data that may be relevant without modifying them. Do not publicly discuss the details of the investigation and do not coordinate statements with other people.<\/p>\n One DIICOT case lawyer<\/strong> analyzes the accusation, the available documents, the competence, the legality of the evidence and the procedural measures, then it can formulate requests adapted to the case. If you need a DIICOT Bucharest lawyer<\/strong>, They discuss from the beginning the procedural status, the received documents and the stage of the proceedings. The strategy depends on the case; no general article can predict the solution in a specific case. You can also read why lawyer assistance matters from the very beginning<\/a>.<\/p>\n During the criminal investigation, evidence is collected to clarify the facts. Depending on the case data and the conditions of the law, the prosecutor may order the case to be classified or may refer the case to court by indictment. Referral to court is not a conviction.<\/p>\n If the indictment is issued, the preliminary hearing follows, where the judge verifies, under the law, the competence and legality of the referral to the court, the administration of evidence and the acts of criminal investigation. If the start of the trial is ordered, the court examines the case. The duration varies from case to case; there is no general term that allows predicting the date of the decision.<\/p>\n No. The citation as a witness indicates that you are called to provide information. However, the witness has the right not to declare facts that could incriminate him\/her.<\/p>\n The suspect and the defendant have the right to an attorney. The witness may appear accompanied by an attorney, who may assist in the hearing.<\/p>\n No. The suspect and the defendant have the right not to give statements, and the witness has the right to remain silent and not incriminate themselves within the limits provided by Article 118.<\/p>\n There is no universal answer. The restitution depends on the measures ordered, the needs of the case and the applicable procedure; keep a record and discuss with the lawyer.<\/p>\n The general information above relates to Decree no. 78\/2016 on the organization and functioning of DIICOT<\/a> and at The Code of Criminal Procedure<\/a>, In particular, Articles 77\u201383, 89\u201394, 118, 159 and 202\u2013203. The rights and concrete steps depend on the procedural status and the documents in the case file.<\/p>","protected":false},"excerpt":{"rendered":" Dac\u0103 ai primit o cita\u021bie \u00eentr-un dosar DIICOT sau s-a efectuat o perchezi\u021bie, este firesc s\u0103 ai \u00eentreb\u0103ri: \u00een ce calitate ai fost chemat, ce trebuie s\u0103 spui \u0219i ce se \u00eent\u00e2mpl\u0103 cu telefonul sau documentele ridicate? Simpla citare \u00eentr-un dosar DIICOT nu \u00eenseamn\u0103 vinov\u0103\u021bie. Po\u021bi fi chemat ca martor pentru informa\u021bii pe care le […]<\/p>\n","protected":false},"author":1,"featured_media":7407,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[173],"tags":[189,187,188],"class_list":["post-7405","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-penal","tag-avocat-dosar-penal","tag-diicot","tag-drept-penal"],"yoast_head":"\nWhich files fall under DIICOT\u2019s jurisdiction?<\/h2>\n
Witness, suspect or defendant: what is the difference?<\/h2>\n
What rights do you have at the hearing?<\/h2>\n
How does the hearing proceed and what do you check before signing?<\/h2>\n
What do you do during a search or when devices are being taken away?<\/h2>\n
Detention and preventive arrest<\/h2>\n
How do you prepare the defense in a DIICOT case?<\/h2>\n
From criminal prosecution to the preliminary hearing<\/h2>\n
Frequently asked questions about the DIICOT files<\/h2>\n
If I am quoted as a witness, am I being accused?<\/h3>\n
Can I go with a lawyer to the hearing?<\/h3>\n
If I don't make a statement, does that mean I admit the accusation?<\/h3>\n
Will the phone I picked up be returned to me immediately?<\/h3>\n
Legal texts<\/h2>\n