How does Restitution Work in the Romanian Criminal Justice System?
October 17, 2010
Restitution is financial recovery from the offender(s). Restitution can be asked by the victim (parte civila) during the criminal trial or in a civil court but only after a final conviction is rendered in the criminal court. Going to civil court is rarely used because it is faster to do within the criminal trial and in a civil court a judicial tax (a filing fee) will be levied, meaning that victim must pay some amount in advance of recovering any money.
Once a defendant is found guilty and convicted for the crime restitution is ordered and it can be obtained through a “Judicial Executor” – which is a Romanian professional in charge of legally obtaining restitution for victims, by selling the defendants’ assets. This professional requires a small percentage of the value to be restituted or other damages, if rendered, but this percent is taken from the defendants’ assets not from the victim’s money. The Executor can ‘execute’ the defendant up to the maximum limit of whatever assets or money he or she has in bank accounts. In addition, the Executor can require a percentage of the defendants’ monthly pay checks be diverted to the victim. Representation of the victims ensures continuous contact with the Judicial Executor for foreign victims and expedites the restitution process.