The judicial bodies and any other State institutions with which you interact will provide you with information on the victim support services within the Directorates General for Social Work and Child Protection (Direcții Generale de Asistență Socială și Protecție a Copilului – DGASPCs) and the NGOs providing such services that you can contact.
You will receive that information both orally and in writing, by means of a form which you must sign and which includes at least the address of the victim support service within the jurisdiction of the institution providing the information and a list of its responsibilities.
The first judicial body (police/public prosecutor) you go to or, where appropriate, the victim support services, at the time of first contact, will inform you of your rights and the support and protection services that you can receive.
You will receive information on:
The information will be provided to you in a language that you can understand. You will also receive a form with all this information, which you must sign. You may be accompanied by a person of your choice when you first contact the authorities.
If you file a complaint with the judicial body, you will receive a written acknowledgment of your report. The complaint may be filed in writing or orally. You can also ask another person to report the crime for you, but you need to provide that person with a written power of attorney. The written power of attorney, which must be signed by you, will be attached to the case file.
If you are a foreigner and have been a victim of crime in Romania, you are entitled to all the rights of Romanian citizens who have been victims of crimes.
If you do not speak Romanian, you are entitled to an interpreter free of charge, who will assist you during your interaction with the authorities. This means that you will be able to file your complaint and receive the information you are entitled to at the time of reporting the crime in a language that you understand.
If you live in another Member State, you can file the criminal complaint or apply for financial compensation in that Member State. Furthermore, you can be heard by the Romanian judicial authorities without being present in Romania.
If you are a victim of human trafficking, you can receive accommodation in special shelters, where you will be protected. During the criminal proceedings, you will receive information about the proceedings in a language that you understand; you can also receive psychological counselling and medical assistance. The Romanian authorities will do their best to help you return to your home country as soon as possible and will provide secure transport to the Romanian border.
If you are a foreigner, you can claim financial compensation from the State if you have been the victim of any of the following crimes: attempted murder and attempted aggravated murder, as set out in Articles 188 and 189 of the Criminal Code; bodily injury, as set out in Article 194 of the Criminal Code; intentional crimes resulting in the victim's bodily injury, and domestic violence, as set out in Article 199 of the Criminal Code; rape, sexual intercourse with a minor or sexual assault, as set out in Articles 218 to 220 of the Criminal Code; human trafficking or child trafficking, as set out in Articles 210 and 211 of the Criminal Code, terrorism or any other intentional violent crime.
You are also entitled to free legal assistance if you have been a victim of attempted murder, attempted aggravated murder, bodily injury, an intentional crime resulting in bodily injury, rape, sexual assault, sexual intercourse with a minor or sexual corruption of minors. The spouse, the children and dependants of persons deceased as a result of murder, aggravated murder and intentional crimes resulting in the victim's death are also entitled to free legal assistance.
When you report a crime, the police officer who takes your report will explain to you what will happen next. You will be informed of your rights and the services you can receive. The police are obliged to draw up a written report indicating what information they have provided to you.
You will receive information about:
Subsequently, during the proceedings, you can receive information on the progress of the investigation and, if the prosecutor decides not to refer the case to court, a copy of that decision. In order to receive that information, you will need to submit a request to the police officer or the prosecutor handling your case, indicating a postal address in Romania or an e-mail or electronic messenger address where you can be contacted.
If the prosecutor decides to refer the case to court for trial, you will be summoned to court.
If you are to be heard in court, you will also be informed of your rights and obligations, as follows:
Yes. You are entitled to translation and interpreting services throughout the criminal proceedings.
The judicial body may order that interviews of victims who require protection under the law be conducted via or in the presence of a psychologist or another person specialising in victim counselling.
Victims with speech or hearing impairments will be interviewed in the presence of persons who can communicate using sign language. In such cases, you may also communicate in writing.
In order to receive appropriate support and protection, victims will be assessed individually. Victims are assessed by victim support services or private providers of social services. Where appropriate, those services cooperate with public or private healthcare providers, with the victim’s consent.
Support and protection services provided both to victims of crimes and to their family members may consist of:
Support and protection services can be provided in:
Victims of domestic violence or human trafficking can be accommodated in residential reception centres where, for a limited period of time, they and the minors in their care receive family assistance, protection against the offender, medical care and care services, food, accommodation, psychological counselling and legal assistance free of charge.
There is a victim support service within each General Directorate for Social Work and Child Protection (DGASPC).
Victim support can also be provided by private social service providers.
If you are a victim of domestic violence, you can contact the National Agency for Equal Opportunities between Women and Men (Agenția Națională pentru Egalitate de Șanse între Bărbați și Femei) and the Directorates General for Social Work and Child Protection (DGASPCs).
If you are under 18 years of age and have been a victim of crime, you can contact the National Authority for the Protection of Children's Rights and Adoption (Autoritatea Națională pentru Protecția Drepturilor Copilului și Adopție - ANPDCA) and the Directorates General for Social Work and Child Protection (DGASPCs).
If you have been a victim of human trafficking, you can contact the National Agency Against Trafficking in Persons (Agenția Națională împotriva Traficului de Persoane - ANITP) within the Ministry of Internal Affairs (Ministerul Afacerilor Interne - MAI).
The Ministry of Justice is the Romanian assisting authority responsible for the financial compensation procedure for victims of intentional violent crimes committed in the territory of a Member State, other than that where the victim legally resides.
There are also a number of non-governmental organisations (NGOs) which provide various types of victim support. The institution you contact will direct you to the relevant NGO.
Yes, the judicial bodies must refer you to such services.
Information, support and protection are provided to victims of crime in a manner that ensures confidentiality of their personal data and of any information on the victim’s private life and the difficulty the victim is facing. Support services are provided on an anonymous basis and do not require the conclusion of a contract with the beneficiaries.
Data concerning victims of crimes are stored for one year. They may be used for victim support and protection activities or supplied to judicial bodies at their request. The stored data will be deleted when the one-year period has expired.
If you receive victim support and protection, your identification data will be kept throughout the period during which such measures apply and for three months after that period has ended.
The location of accommodation centres for victims of domestic violence and human trafficking is secret.
Both during the criminal investigation and during the court proceedings, if the judicial bodies deem that your privacy or dignity may be affected because of any information you provide or for any other reason, they may take a number of measures, on their own initiative or at your request, to protect your confidentiality and privacy, such as:
Moreover, during the proceedings, the court may prohibit the publication of any texts, drawings, photographs or images that could reveal your identity.
The court may also declare the court session private if a public hearing could affect your dignity or privacy.
You do not need to file a complaint with the criminal investigation bodies in order to have access to information, support and protection provided to victims of crime.
Both during the criminal investigation and during the court proceedings, you are entitled to protective measures, when the judicial bodies deem that you may be in danger.
It is very important for you to know that, if the judicial bodies deem that you may be in danger because of any information you provide or for any other reason, they may take, either at your request or on their own initiative, certain measures to ensure your protection, such as:
Moreover, during the proceedings, the court may prohibit the publication of any texts, drawings, photographs or images that could reveal your identity.
Furthermore, if you are a witness in the criminal proceedings or, even where you are not involved in the case, you provide information which helps the judicial bodies to solve cases related to serious crimes or to prevent significant damages from occurring, you can ask the police officer or the prosecutor who conducts the investigation to place you under the witness protection programme. This programme includes a number of measures such as:
If you enter the witness protection programme, you will be able to receive additional assistance such as:
If necessary, your first-degree relatives (such as your children or parents) and your spouse may enter the witness protection programme as well.
If you have not entered the witness protection programme during the criminal investigation, you may apply to the court to be included.
Additional protection is available, depending on the type of crime:
If you believe you are in danger, you should inform the police officer, the prosecutor or the judge and provide as much information as possible.
The measures set out above are available both at the criminal investigation stage and during the court proceedings.
You will be protected by the Romanian Police.
In order to avoid secondary victimisation, you will be assessed as soon as possible after your identification, so that the number of statements and medical/psychological/social assessments is kept to a minimum.
Victim support departments/providers of victim support services will offer you advice on the risks of intimidation and retaliation. In order to avoid the risk of intimidation and retaliation, you can be temporarily accommodated in residential centres.
If you are still in danger after the criminal trial has ended, the judicial bodies will consider whether you should be included in a witness protection programme, unless you are already part of such a programme.
If you have been a victim of human trafficking, violence in close relationships, organised crime, terrorism or other categories of crime, you will be deemed a vulnerable victim and will receive the protection provided for by law for threatened or vulnerable witnesses.
Yes, your case can be assessed. For instance, if you have been a victim of certain categories of crime (domestic violence, rape, sexual assault etc.), you will be heard only by a person of the same gender, should you so request.
A second interview of the victim will take place only if this is strictly necessary for the purpose of the criminal proceedings, so as to avoid further harm.
To avoid secondary victimisation caused by repeated interrogation of the victim by the judicial bodies, the laws on criminal procedure also require that an injured party who has reported a crime should be heard immediately or, when this is not possible, after they have submitted the complaint, without undue delay.
Victims of crimes are offered separate waiting rooms in court.
If you are a vulnerable victim, you may benefit from the protective measures set out above in the answers relating to witness protection.
If you are a child and have been a victim of exploitation, violence, abuse, negligence, maltreatment or any other crime, any person, including you, can report the crime to the police.
Minors are considered vulnerable victims from the beginning, and the authorities will inform you about the protective measures you can receive.
Child victims of violence will be assessed and provided support and protection under the law by the specialised departments of the Directorates General for Social Work and Child Protection that are responsible for intervention in cases of abuse, negligence, trafficking, migration and repatriation.
Minors can receive assistance from the National Authority for the Protection of Children's Rights and Adoption.
An abused or neglected child or a child who has experienced any form of violence may be temporarily placed with another family, with a foster parent or in a special centre, as an emergency measure.
If you are called to appear before the criminal investigation bodies and you are under 14 years of age, you must be accompanied by your parents or guardian. If your parents or guardians are also involved in the criminal proceedings or may have an interest in influencing your statement, you will be interviewed in the presence of a relative or another person appointed by the police officer/prosecutor/judge.
Moreover, the judicial bodies may decide that a psychologist should attend to help you during the interviews. You can ask the judicial bodies to help you with this.
The interview must be recorded. If that is not possible, it must be specified in your statement, giving the reasons.
You can be heard by the same person in specially designed/adapted rooms, if possible.
In the investigation of certain categories of crime, interviews may be conducted by a person of the same gender as the victim. You may also be accompanied by a person of your choice.
You are entitled to a legal representative throughout the proceedings. If you have no legal counsel, the court will assist you in finding one. If your family cannot afford to pay for the counsel's services, you are entitled to free legal assistance.
In cases concerning human trafficking crimes, minors under 14 years of age will be heard in the presence of at least one of their parents or another legal representative. Furthermore, a psychologist and a representative of the General Directorate for Social Work and Child Protection must also be summoned.
In this case, you are a victim of crime and are entitled to all the support and protection services set out above, including information, psychological counselling, legal assistance, referral to healthcare services, social insertion/reinsertion services etc.
The spouse, the children and dependants of a person deceased as a result of murder and aggravated murder as set out in Articles 188 and 189 of the Criminal Code, as well as of intentional crimes resulting in the victim's death are entitled to free legal assistance and financial compensation from the State.
Free legal assistance is available also for other categories of crime, if the victim's monthly income per family member is no higher than the gross national minimum basic salary determined for the year when the application for free legal assistance is submitted.
Please see above.
Mediation is possible in the case of crimes that are considered less serious under criminal law. The procedure can be applied only if both you and the offender agree to participate. During the mediation procedure you will be invited to a series of meetings with the offender to see whether reconciliation is possible. A person called a mediator will facilitate the meetings. If at the end of the procedure you have reached an agreement with the offender, you can withdraw your complaint and the case will be closed. If the procedure has not been successful, the criminal proceedings will continue as if no mediation has occurred.
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