Arrested in Bucharest: 24 hours, then the judge decides
Romania separates two measures sharply. Police custody cannot exceed 24 hours. Preventive arrest is something else: it is proposed by the prosecutor, in a reasoned motion, only after the person has been heard in the presence of their defender, and it is ordered by a judge — never by the prosecutor.
The Romanian structure
| Step | Rule | Note |
|---|---|---|
| Police custody | Cannot exceed 24 hours | A separate and shorter measure |
| Hearing before the proposal | The person must be heard with their defender present | A condition of the motion |
| The motion | Reasoned, presented with the case file | By the prosecutor to the court |
| Who orders arrest | A judge, never the prosecutor | The president of the court or a delegated judge |
| Decision on extension | Within 24 hours of receiving the file | Communicated to those absent in the same period |
| Appeal | Within 24 hours of the decision | Resolved before the arrest period expires |
The requirement that you be heard, with your defender present, before the prosecutor can even propose arrest is the point to hold on to. It means there is a moment where the defence speaks first, and what is said there shapes the motion rather than answering it.
What actually happens in Bucharest
- Nightlife in the old town: fights, public order, and disputes over bills that escalate.
- Stag and group weekends, with the attribution problem that follows.
- Cyber and card fraud proceedings, an area in which Romanian authorities are unusually active and cooperate closely with foreign agencies.
- The airport and the corridor towards Hungary and Bulgaria: customs, cash and alert-based arrests.
- Drugs, where Romanian law distinguishes high-risk from ordinary substances and the classification changes the bracket entirely.
- Theft accusations in the centre and on public transport.
The high-risk classification is the technical point that decides Romanian drug cases: the same conduct carries very different penalties depending on which list the substance falls in, and it is the first thing to check rather than the last.
Where an Italian lawyer comes in
Only a lawyer admitted in Romania can appear before its courts. The Italian side covers the rest: selecting and briefing that lawyer, explaining the position to the family in their own language, and handling anything with an Italian end — a parallel proceeding, a warrant issued by Italy, an alert in circulation. The model is in how a correspondent case is run.
Frequently asked questions
How long can Romanian police hold me?
Police custody cannot exceed twenty-four hours. Preventive arrest is a separate measure, ordered by a judge and not by the prosecutor.
Do I get to speak before arrest is proposed?
Yes. The prosecutor may propose preventive arrest only after hearing you in the presence of your defender, which means the defence speaks before the motion is made.
Can I appeal the decision?
Yes, within twenty-four hours of the decision, and the appeal is resolved before the arrest period expires.
What is a high-risk drug in Romania?
A classification that changes the penalty bracket entirely for the same conduct. Which list the substance falls in is the first thing to check.
If this is happening now
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