What Does an Arrest Warrant Mean in Romania?
In the Romanian legal system, an arrest warrant is a procedural instrument used during criminal proceedings, taking two distinct forms: a preventive arrest warrant and a European arrest warrant.
The Preventive Arrest Warrant in Romania, regulated by the Code of Criminal Procedure, is used within domestic criminal procedures and represents a procedural act issued by a judge to deprive an accused person of liberty for committing a criminal offense.
On the other hand, the European Arrest Warrant is regulated by Law 303/2004, which transposes into national legislation the provisions of the European Union on international judicial cooperation in criminal matters. This legal instrument facilitates the procedure for handing over wanted persons between EU member states, replacing the traditional extradition system with a simplified and expedited judicial procedure.
Preventive Arrest Warrant in Romania
The preventive arrest warrant is a procedural act issued within criminal proceedings, based on a ruling ordering the preventive detention of a defendant. The purpose of the preventive arrest warrant is to ensure the defendant’s presence before judicial authorities and to prevent the commission of new offenses.
Issuing a preventive arrest warrant is the responsibility of the judge of rights and liberties from the first-instance court or, if applicable, from the higher hierarchical court, according to Article 230 (1) of the Code of Criminal Procedure.
The content of a preventive arrest warrant is strictly regulated by law. Article 230 (3) of the Code of Criminal Procedure lists the mandatory elements of the warrant as follows:
- the court to which the judge of rights and liberties belongs, who ordered the preventive arrest;
- the date the warrant was issued;
- the name, surname, and position of the judge who issued the warrant;
- the defendant’s identification details;
- the duration of the preventive arrest, mentioning the expiration date;
- the offense the defendant is accused of, including the date and place of the crime, legal classification, and the applicable punishment;
- the concrete reasons justifying the preventive arrest;
- the order to arrest the defendant;
- the location where the defendant will be detained;
- the signature of the judge;
- the defendant’s signature. If they refuse to sign, this must be noted in the warrant.
An important aspect in executing a preventive arrest warrant is the police authority’s ability to enter any private residence or the premises of a legal entity without consent if there are strong indications that the wanted person is there, as regulated by Article 231 (5) of the Code of Criminal Procedure.
How Soon is an Arrest Warrant Issued in Romania?
According to Article 230 (1) of the Code of Criminal Procedure, “Based on the ruling ordering the preventive arrest of the defendant, the judge of rights and liberties from the first-instance court or, where applicable, from the higher hierarchical court issues immediately the preventive arrest warrant.”
From the legal interpretation, we understand that the criminal legislation does not specify a fixed term for issuing a preventive arrest warrant, but it must be issued as soon as possible after the ruling ordering the defendant’s preventive arrest.
In Absentia Arrest Warrant in Romania
In Romania, if the defendant is present when the preventive arrest warrant is issued, Article 230 (4) stipulates that the judge must hand them a copy of the warrant.
The law also regulates the situation where a preventive arrest warrant is issued in the absence of the defendant. In this case, according to Article 231 (1) of the Code of Criminal Procedure, “two original copies of the issued warrant are sent to the police authority at the defendant’s domicile or residence for execution”.” The police authority is responsible for arresting the person and bringing them before the judge within 24 hours.
If the person mentioned in the preventive arrest warrant is not found, the police authority must prepare a report and notify the judge who ordered the measure, as well as competent authorities to issue a search warrant and place the person on the wanted list at border checkpoints, according to Article 232 of the Code of Criminal Procedure.
European Arrest Warrant in Romania
A European Arrest Warrant is a mechanism used within judicial cooperation among EU member states. It is defined in Article 84 (1) of Law 302/2004 as “a judicial decision by which a competent judicial authority of an EU member state requests the arrest and surrender of a person by another member state for the purpose of criminal prosecution, trial, or execution of a sentence or other custodial measure.”
The procedure for issuing a European Arrest Warrant is initiated by the competent judicial authorities of the issuing state. In Romania, judicial courts are designated as issuing authorities. The warrant can be issued for offenses punishable by at least one year of imprisonment or, in the case of sentence enforcement, for sentences of at least four months.
The execution of a European Arrest Warrant is based on the principle of mutual recognition among member states. The execution procedure involves multiple steps, starting with the receipt of the warrant by the competent authorities of the executing state. In Romania, courts of appeal are designated as executing judicial authorities.
A crucial aspect of the procedure is respecting the rights of the requested person. They have the right to be informed about the content of the European Arrest Warrant, legal assistance, and interpretation services.
