Defence in Romanian DIICOT proceedings
DIICOT cases have a distinctive profile: evidence built over long periods, special investigative techniques, and charges that easily extend to several people.
DIICOT's competence
- Organized criminal group (Art. 367 Criminal Code) — the umbrella charge in these cases;
- Serious cybercrime, human trafficking and other offenses assigned by law to this directorate.
What the defense must address
These cases frequently rely on special techniques: interceptions, surveillance, undercover investigators, collaborators. Each has strict authorisation and usage conditions — and verifying them is the first layer of the defense. The second layer is individualisation: in a case with many defendants, the line between belonging to an organized group and merely having had contact with people under investigation must be drawn clearly, piece of evidence by piece of evidence.
When to contact me
Ideally, before the first questioning. See also the page on criminal defense in Romania.
Which cases DIICOT handles
Competence is set by art. 11 of Government Emergency Ordinance no. 78/2016 and works on two levels.
The first level covers ordinary offences that fall to the structure only where they were committed for the purposes of an organised criminal group within the meaning of art. 367 (6) of the Criminal Code: homicide, unlawful deprivation of liberty, blackmail, fraud, customs offences, currency counterfeiting and others. Embezzlement and misappropriation of funds also fall here where particularly serious consequences resulted, as do offences against property with the same result, including by aggregating losses from concurrent offences.
The second level covers offences that fall to DIICOT regardless of any organised group: human trafficking and trafficking in minors, serious cybercrime under art. 361 to 365 of the Criminal Code, terrorism, offences against national security, drug offences, drug precursors, psychoactive substances, nuclear activities and capital markets.
Law no. 126/2024 added tax evasion above RON 10 million, where the conduct served the purposes of an organised criminal group.
The umbrella charge: organised criminal group
Art. 367 of the Criminal Code is the provision around which most of these cases are built, because it brings within DIICOT's remit conduct that would otherwise stay with the ordinary prosecutor, and because it allows several people to be joined in a single file.
The defence concentrates on the elements of the definition in paragraph (6): a structured group, at least three persons, an element of duration, and coordinated action with a view to committing offences. The line between belonging to an organised group and simply having had contact with people under investigation is drawn evidence by evidence, not by general assertions in the indictment.
Technical surveillance
These cases are built on interceptions, technical surveillance, location data, undercover investigators and authorised collaborators. Each has strict conditions for authorisation, execution and use in evidence.
A key reference is Decision no. 26/2019 of the Constitutional Court, holding that execution of technical surveillance warrants by intelligence service personnel, rather than by the competent criminal investigation bodies, amounts to a breach of material and personal competence, falling within absolute nullity, with art. 102 and art. 281 of the Criminal Procedure Code applying. In older files this remains one of the most productive lines of defence.
Challenging competence
By Decision no. 302/2017, the Constitutional Court held that the creation of specialised structures presupposes a competence strictly determined by law, and that conducting an investigation in cases exceeding that competence defeats the purpose of the rules establishing the structure. Lack of material or personal competence of the investigating body attracts absolute nullity, a solution carried into art. 281 of the Criminal Procedure Code, most recently by Law no. 201/2023.
The most frequent situation in practice is where DIICOT founds its competence on the connection between cases, and the defence demonstrates that no offence in the file actually fell within the structure's remit. Where the defect occurred during the investigation, the nullity must be raised within the preliminary chamber deadline.
Working with a client based abroad
Proceedings are conducted in Romanian and an interpreter is provided by the authorities, but the practical work happens before that. Documents, correspondence and strategy discussions are handled with you in English, then filed in Romanian. A lawyer holding a mandate can represent you at most procedural stages, so not every hearing requires you to travel.
If a preventive measure is in place, judicial supervision may include an obligation not to leave the country or a specified area. That obligation can be challenged and modified during the proceedings, which is one of the first things to address for a non-resident client.
DIICOT proceedings.
Either the offence is on the list that falls to DIICOT regardless of context, such as drugs, human trafficking or serious cybercrime, or it is an ordinary offence committed for the purposes of an organised criminal group within the meaning of art. 367 (6) of the Criminal Code.
Yes, and it frequently is. The definition requires a structured group of at least three persons, an element of duration, and coordinated action with a view to committing offences. Contact with people under investigation is not, by itself, membership.
Constitutional Court Decision no. 26/2019 held that execution of technical surveillance warrants by intelligence service personnel instead of the competent criminal investigation bodies breaches material and personal competence and falls within absolute nullity. In older files this is often decisive.
The sanction is absolute nullity of the investigation and of the referral to the court. Where the defect occurred during the investigation, it must be raised within the preliminary chamber deadline, which is why the timing of instructing a lawyer matters.
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The content of this page is for information purposes only and does not constitute legal advice. For your specific situation, please arrange a consultation.