What to Expect from the Criminal Justice System

The criminal justice system includes a wide range of activities from the investigation of a possible crime, to a legal determination of guilt or innocence. The process of going through the criminal justice system can seem overwhelming at times because there are so many moving pieces and players. Understanding a few key aspects of the process can take away some of the unknowns and help you feel more prepared.

What is a criminal trial?

The criminal process is an activity that seeks to establish in time and concretely the facts that constitute crimes, so that the person who committed a crime is held criminally liable. The criminal process has four phases: the criminal investigation, the preliminary chamber, the trial and the execution of the final criminal convictions.

• Criminal prosecution: its purpose is to gather evidence for the prosecution of the defendant. This activity is performed by the criminal investigation bodies and the prosecutor. 
• The preliminary chamber: its purpose is to verify, after the referral to court, the competence and legality of the court's referral, as well as the verification of the legality of the administration of evidence and the execution of documents by the criminal prosecution bodies. 
• Judgment: in this phase the case brought to judgment is resolved. The object of the judgment is related to the fact and the person shown in the content of the act of referral to the court. This activity is performed by the judge.
• The execution of final criminal convictions.

Source: https://www.pna.ro/faze_proces_penal.xhtml

What must a complaint contain?

In order to be taken into account, any referral must necessarily include certain elements, as provided for in the Code of Criminal Procedure, in article 289 and article 290. These elements are:

• Name and surname;
• Identification data (address, CNP);
• Indication of the perpetrator, if known;
• Description of the fact that forms the object of the complaint;
• Indication of means of proof, if known;
• Date and signature.

For a child up to 14 years old, the complaint is made by his legal representative. The child between the ages of 14 and 18 can make a complaint with the consent of the persons provided for by the civil law, respectively with the consent of the parents or the persons who support him. If the perpetrator is the person who legally represents him or approves the acts of the minor, the reporting to the criminal investigation authorities is done ex officio.

What should I know about testifying?

It can be nerve-racking to speak in public, as well as in a courtroom. It’s important to discuss concerns you might have with the legal professionals who are representing you and supporting your interests. You may also be heard by the prosecutor or police officer, but also by the judge.

Tips for taking the stand

The following tips can help you stay focused and calm throughout your testimony:

• Ask the judge to give the statement in the absence of the aggressor and his supporters, when you give the statement in court.
• Allow yourself to take brief pauses. If at any time you're feeling overwhelmed, ask the judge or prosecutor for a short break.
• Stay hydrated. Bring a water bottle and take sips of water throughout.
• If you feel yourself getting angry or frustrated, take a moment to pause.
• Keep your eyes focused on the person asking you questions, rather than looking at the perpetrator or their supporters, if you are in court.
• Always tell the truth. If you don’t remember something exactly, it’s important to say so. If you say something you didn’t mean to, or you think something came across in a way you didn’t intend, you can clarify your statement. Ask the judge, „May I go back to something I previously said?“.
• Answer the questions – and nothing more. Don’t volunteer additional information unless you are asked.
• If you don’t understand a question, say so. You can always ask the attorneys to repeat or rephrase a question so you can better understand it.
• Every trial is different. If you have specific questions about testifying, check in with a victim advocate or the prosecuting attorney.

Legal Disclaimer

The Association for Victims of Sexual Crimes website provides general information that is intended, but not guaranteed, to be correct and up-to-date. The information is not presented as a source of legal advice. You should not rely, for legal advice, on statements or representations made within the website or by any externally referenced Internet sites. If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney. The Association for Victims of Sexual Crimes does not assume any responsibility for actions or non-actions taken by people who have visited this site, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed.

If you want to talk about sexual violence with a professional ready to help, send an email to: help@asistentavictime.ro