Forming the complaint
Making a prior complaint is necessary for the following crimes:
Threats, harassment, sexual harassment, violation of privacy and privacy of correspondence, rape and sexual assault.
In the situation that the victim of rape or sexual assault is a minor there is no need to make a prior complaint, a notice or autonotice to the police being enough.
It is important to make a complaint if you are the victim of a crime. In the cases mentioned in section a) you need to submit the complaint within 3 months of the act being committed, if you submit it too late there's a chance of the perpretator being left unpunished.
It is important to know that the complaint must include:
name and surname,
social security number,
quality and residence of the petitioner,
description of the act that is the object of the complaint,
as well as identifying data of the perpetrator and means of proof, if known.
The complaint can be submitted at any police station or Prosecutor's office, but it would be recommended to submit it to the police section/Prosecutor's office nearest to the place the crime was committed, because usually this is the competent body for investigating the case.
Ask for a registration number for the complaint and, eventually, to be notified of the case file number to be able to follow what is happening with it.
You can request for the hiring to be carried out by a person of the same sex.
If the injured person is a minor, recording the hearing though audio or audiovideo technical means is compulsory in all cases.
When recording is not possible, this fact is recorded in the injured person's statement, with the concrete specification of the reason for which recording was impossible.
If the victim is a minor
legal assistance is mandatory during the hearing (a lawyer is assigned from the general office)
victim < 14 years - must be assisted by a legal representative during the hearing
victim > 14 years - can be assisted by a legal representative during the hearing
in practice, the presence of a psychologist from DGASPC is requested
if the injured person is a minor, recording the hearing though audio or audiovideo technical means is compulsory in all cases. When recording is not possible, this fact is recorded in the injured person's statement, with the concrete specification of the reason for which recording was impossible.
The rights of the injured person
As the injured person (victim of the crime) you have the following rights:
the right to propose that the judicial bodies administer the evidence, raise exceptions and ddraw conclusions;
the right to be informed, within reasonable time, as to the state of the criminal investigation, at your explicit request, with the condition of providing an address on Romanian territory, an electronic postal address (email) or electronic messanger, to which this information can be communicated;
the right to consult the file, within the conditions set out by law;
the right to be listened to;
the right to ask questions of the defendant, witnesses and experts;
the right to have any decision not to indict communicated to you tranlated in a language that you understant, when you do not understand Romanian;
the right to be assisted by lawyer or representative;
the right to be informed if the aggressor will be deprived of freedom, respectively sentenced to a punishment depriving them of freedom and to be informed about their release or escape in any way.
Moreover, the victims that are dependent on the perpetrator of the crime, victims of human trafficking, of violence in close relationships, of sexual violence or of exploitation are presumed vulnerable and thus have the following rights:
The right to special protective measures, such as:
surveillance and protection of their home and the provision of a temporary home;
accompaniment and the guarantee of your protection or that of your family members;
personal data protection, by the provision of a pseudonym;
hiring through audiovideo transmission means, with the voice and image distorted.
In principle, you will be heard a single time, to be recalled only if it is strictly necessary for the criminal case to be carried out.
You can be accompanied to the hearing, on request, by your legal representative and by one other person chosen by you.
The hiring can carried out on premises made or adapted for this purpose;
You can request for the hiring to be carried out by or in the presence of a psychologist or another specialist in victim counselling;
You can request for the hiring to be carried out by a person of the same sex.
Ensuring the presence of an interpreter
An interpreter is guaranteed to the victim for the hearing and to formulate a criminal complaint.
In general, after the police is notified, they immediately request an interpreter to make sure they can understand and communicate with the victim.
The victim does not separately/independently request an interpreter. The criminal investigatory bodies have this competence and make the request.
If the assigned interpreter is a man, you can refuse to talk to them and request to be assigned a woman interpreter.
112 - you will be asked to describe the emergency and then be put in contact with the territorially competent police force.
The complaint must include: name, surname, social security number, quality (injured person) and residence of victim (from their ID card) and, very importantly, the actual residence and where you wish to recieve the procedure documents, and the desription of the act.
The term for submitting the prior complaint is three months. It is important that the injured person take civil action, point out the nature of the damages (material and/or moral) and their amount through the complaint, so that the prosecutor can take insurance measures (for example, an attachment order) against the defendant if necessary.
In general, the victim is heard after they get to the police and in the end is asked by the police officer if they want to make a prior complaint and they make it with the help of the officer.
Evidence can be submitted along with the complaint as specified above.
The complete process
A registration number is given by the police, after which the file is sent to the Prosecutor's office and a unique criminal file number is issued.
Often times, the registration number is not immediately communicated to the victim. It is good for the victim to request it and insist on receiving it, even if different reasons are invoked as to why it cannot be immediately related.
The process of interaction with the police
In practice, the victim gets to the police, communicated the act to the police officer, and they in turn summon the officer that is in charge of the area where the act was committed. This officer takes over and requests that the victim relates what happened, then starts the actual hearing in which the victim has their rights read out to them and the police officer co-signs those stated. If the victim does not speak Romanian, an interpreter is requested from the start.
It happens sometimes that the injured persons are guided towards other police sections because the ones they approach are have no competence in the area. The criminal investigation body has the obligation to record the complaint even if it has no competence, but the administrative transfer lasts a lot longer than if the victim goes to the competent investigative body themselves.
In emergency situations such as rape crimes, they proceed immediately after a statement is given and have all the necessary measures at their disposal in order to preserve evidence.
In practice, in the case of severe crimes such as rape, the victim is accompanied by the criminal investigative bodies to an Institute of Legal Medicine (forensics).
In practice, if the victim goes to the hospital first, traces of violence on the body can be noted and the documentation (paperwork) is sent to the medical examiner (forensic scientist). According to paragraph 7 article 190, the criminal procedure of a physical examination and evidence gathering is done by a doctor, medical assistant or someone with medical specialty, so it is possible to sample evidence at the hospital as well, but only cases where the evidence was sampled by the forensice service or institute are known of generally.