Criminal
The 2014 codes with a preliminary chamber filter
New criminal and procedure codes entered force in 2014, introducing the preliminary chamber judge who screens the legality of the indictment and evidence before trial. Police custody is limited to 24 hours and pre-trial arrest requires a judge of rights and freedoms.
Key rules
- Police retention may not exceed 24 hours before a judicial decision.
- Pre-trial arrest is ordered for up to 30 days and reviewed at least every 60 days.
- The preliminary chamber judge may exclude unlawfully obtained evidence before trial begins.
- A guilty plea agreement with the prosecutor can reduce the sentence range by a third.
Governing law
- Criminal Code (2009)Law 286/2009, in force 2014.
- Code of Criminal Procedure (2010)Law 135/2010, in force 2014.
- Law No. 253/2013 on execution of non-custodial penalties (2013)
Penalties and consequences
- Fines in daily units between 30 and 400 days.
- Suspension under supervision with community work obligations.
- Imprisonment up to 30 years, or life imprisonment for the gravest offences.
In practice
Statute of limitation rules were thrown into disorder by the 2018 and 2022 Constitutional Court rulings on interruption, and thousands of cases were closed as time-barred before Parliament repaired the text.