Prior complaint in Romanian criminal procedure
For certain offences, Romanian criminal procedure cannot start without a prior complaint from the victim, filed within 3 months.
Definition
What is a prior complaint?
For a closed list of offences (assault, threats, harassment, trespass, theft between relatives, breach of trust, criminal damage), Romanian criminal procedure requires a prior complaint from the victim. Without it, the prosecutor cannot open a case and must dispose of the file (clasare).
The deadline is 3 months from the day the victim learned of the offence. The complaint may be filed at the police, the prosecutor or directly at court. The victim may withdraw it at any time until final judgment, which extinguishes criminal liability.
Frequently asked questions
The prosecutor will close the case for being out of time. The 3-month period is a strict deadline.
Yes, at any time until final judgment. Withdrawal extinguishes criminal liability.
Do you have a case in court?
Look up your case. On its page you choose how you want to follow it.