Defence in Romanian DNA proceedings
A summons from the DNA changes anyone's day. What you do in the first hours — and above all what you do not do — can weigh on the entire case.
What the DNA is, and when you may face it
The National Anticorruption Directorate (Direcția Națională Anticorupție) investigates high-level corruption offenses, depending on the value of the benefit or damage or on the position held by the person concerned. You may be summoned as a witness, suspect or defendant — and the difference between these procedural capacities is essential, as it can change even during questioning.
First rules
- Do not give any statement before speaking with a lawyer — you are entitled to assistance even as a witness;
- Read the summons carefully: the capacity in which you are called, the case number, the date — and contact a lawyer before the hearing, not after;
- Do not attempt to „clarify things” by telephone with the investigators, and do not hand over devices or documents without understanding the legal basis of the request.
How I can help
Assistance at questioning, formulating your procedural position, challenging preventive measures (judicial supervision, house arrest, pre-trial detention) and precautionary measures, verifying the lawfulness of evidence in the preliminary chamber, and defense at trial and on appeal. For detail on the charges themselves, see the page on corruption offenses.
What the DNA is and which cases it takes
The National Anticorruption Directorate is the specialised structure of the Romanian Public Ministry that investigates medium and high level corruption. Competence is set by art. 13 of Government Emergency Ordinance no. 43/2002 on three alternative criteria: the value of the loss, the value of the benefit, and the office held by the person investigated.
In principle the DNA takes the case where the loss exceeds the RON equivalent of EUR 200,000, where the sum or asset forming the object of the corruption offence exceeds the equivalent of EUR 10,000, or where, regardless of value, the person falls within the categories listed in the law, including officials, magistrates, police officers, mayors, local elected officials and lawyers.
Competence extends further: offences against the financial interests of the European Union, abuse of office and related offences above EUR 1,000,000, and, since Law no. 126/2024, tax evasion above RON 10 million regardless of the person's office, plus money laundering conducted autonomously where the assets derive from offences within the Directorate's remit.
The capacity in which you are summoned
The summons states whether you are a witness, a suspect or a defendant, and the difference is not formal. A witness must attend and must tell the truth, with the right not to self-incriminate but no general right to silence. A suspect and a defendant have a full right to silence and to legal assistance, and its exercise cannot be held against them.
The most dangerous situation in practice is questioning as a witness someone who may become a suspect. A statement given without a lawyer stays in the file and can be used after the procedural capacity changes.
Preventive and precautionary measures
Preventive measures usually arrive in stages: 24 hour detention ordered by the prosecutor, then a proposal to the judge of rights and liberties for judicial supervision, house arrest or pre-trial detention. Each has short deadlines for challenge, and the challenge is heard quickly.
Precautionary measures over accounts, real estate and shares are frequently ordered on the same day as the indictment of the person and can freeze an entire company's operations. They are challenged on proportionality against the alleged loss and on whether the freeze exceeds what the law permits. In large loss cases this component often decides whether a client still has a business at the end of the process.
The preliminary chamber
After the indictment, the preliminary chamber is where the lawfulness of the referral, of the evidence and of the investigative acts is examined. It is the only stage at which unlawfully obtained evidence can be excluded before the trial court reads it.
Where the case was handled by a structure lacking material or personal competence, the sanction is absolute nullity. The Constitutional Court established this by Decision no. 302/2017, and the solution was carried into art. 281 of the Criminal Procedure Code, most recently by Law no. 201/2023. The point is time-barred to the preliminary chamber deadline, which is why a lawyer instructed after that stage is working with one tool fewer.
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. Where your presence is required, the date is known in advance and travel can be planned.
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 can be modified during the proceedings, which is one of the first things to address for a non-resident client.
DNA proceedings.
Yes. A witness is entitled to be assisted by a lawyer of their choice, and the procedural capacity can change during questioning itself. A statement given as a witness remains in the file and can be used once you become a suspect.
As a suspect or defendant, yes, and exercising that right cannot be interpreted against you. As a witness you must attend and answer, but you have the right not to answer questions that would incriminate you. The decision is taken before questioning, based on what the file contains.
A precautionary measure is challengeable within a short deadline, on proportionality against the alleged loss and on the actual scope of the freeze. A partial release can be sought where the measure disproportionately affects ongoing operations.
The investigation frequently runs for one or more years, and the trial, with first instance and appeal, can add two or three more. The duration is not dead time: each stage carries deadlines which, once missed, cannot be recovered.
Not every step. A lawyer holding a mandate can represent you at most procedural stages, though the court may require your presence for specific hearings. If a preventive measure imposes an obligation not to leave the country, that obligation can be challenged and modified.
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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.