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Criminal Law

Defence in Criminal Investigation: Your Rights During Questioning

Andrei Ionescu 05 April 2026

What you need to know before your first hearing as a suspect or witness. The difference between statuses and why it matters.

Your fundamental rights

  1. Right to silence (Art. 83 CPC) — you are not required to answer questions that may incriminate you
  2. Right to a lawyer — from the first contact with investigating authorities
  3. Right to an interpreter if you do not speak Romanian
  4. Right to be informed of the accusations against you

Witness vs. Suspect vs. Defendant

Status Obligations Rights
Witness Must appear and testify No mandatory legal assistance
Suspect May refuse to make a statement Assisted by a lawyer
Defendant Indictment issued Full right to defence

Practical rules

  • Do not sign any statement without reading it in full
  • Do not discuss the case with anyone other than your lawyer
  • Request a copy of all documents
  • Note who questioned you, when, and where

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