Romania: Requirements and procedures for obtaining police reports such as criminal complaints, criminal investigation reports, and a criminal record check, within the country as well as from abroad

1. Requirements and Procedures for Obtaining Police Reports Within the Country

In correspondence with the Research Directorate, a representative of Transparency International-Romania (TI-RO), an NGO that aims to prevent and fight corruption on a national and international level through education and awareness campaigns, among other means, indicated that

[s]omeone who reports a crime to the police files a complaint (if the person is the victim of the crime) or a denunciation (if the person reports the crime as a third party/witness). The person who submits the complaint or denunciation receives a registration number and a copy of the respective document. (TI-RO 31 Mar. 2014)

In correspondence with the Research Directorate, a program coordinator with the Foundation for an Open Society (Fundația pentru o societate deschisã), an organization based in Bucharest, Romania, that promotes the development of freedom, responsibility and respect for diversity (Fundația n.d.), similarly stated that a copy of the police report is "usually" provided to the victim or witness reporting the crime (ibid. 27 Mar. 2014).

According to the representative of TI-RO, a person requesting police reports, such as criminal complaints and criminal investigation reports, within the country "ha[s] to submit a request for information to the police station. Criminal investigation reports are not accessible during the respective investigation, but only after this has been concluded" (TI-RO 31 Mar. 2014).

The representative of TI-RO noted that procedures for obtaining police reports are the same throughout the country and "do not vary depending on region or police station" (ibid.). The program coordinator at the Foundation for an Open Society also expressed an opinion that "[t]he procedures [for obtaining police reports] are standard" (Fundația 27 Mar. 2014).

Without providing details, the program coordinator at the Foundation for an Open Society stated that police reports can be obtained by a third party from the Romanian police using a notarized letter (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Requirements and Procedures for Obtaining Criminal Records Within the Country

In correspondence with the Research Directorate, a representative of the Directorate for Criminal Records, Statistics and Operational Registers of the Romanian Police indicated that, in Romania, all persons, including Romanian citizens and foreign citizens, may apply for a Criminal Record Certificate (Romania 28 Mar. 2014). In order to obtain a criminal record, as of September 2013,

the application can been submitted to every police unit with these documents:

identity card, passport;

fiscal stamp (with a value) of 2 LEI [Romanian Leu (RON), about C$0.68 (XE 1 Apr. 2014a)];

receipt for the payment of tax 10 LEI [about C$3.40 (XE 1 Apr. 2014b)], and fill a standard form with his personal data. (ibid.)

The representative of TI-RO similarly stated that a person requesting a criminal record check within the country has to submit a request to a police station (TI-RO 31 Mar. 2014). According to the representative,

[o]btaining a criminal record check should not take more than 3 working days. The criminal record contains deeds for which there is a definitive and irrevocable judgement. There is a fee currently amounting to 10 lei (approximately 3,07 USD/ 3,41 CAD) that must be paid at the treasury before submitting the formal standardized request for such information. (ibid.)

The representative of the Directorate for Criminal Records, Statistics and Operational Registers of the Romanian Police described the application process as follows:

The applicant completes an application form in hard copy. Beginning with September 2013, every person can obtain his/her criminal record certificate from every police station in Romania connected to ROCRIS - Romanian Criminal Record Information System.

The certificate issued contains details of the individual's convictions.

If there are no convictions the certificate will state: 'The applicant is not recorded in the criminal record database'. The certificate is valid for six months from the date on which it was issued.

A Criminal Records Certificate is stamped with a round stamp. It contains the name of the issuing Criminal Record Structure. Each Criminal Records Certificate has a unique serial number containing both letters and numbers and has an eagle specimen. (Romania 28 Mar. 2014)

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the representative of the Directorate for Criminal Records, Statistics and Operational Registers of the Romanian Police, an individual may obtain his or her criminal record through a third party on the basis of a power of attorney validated by a "public notary" (Romania 28 Mar. 2014). Further or corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Requirements and Procedures for Obtaining Police Reports and Criminal Records from Abroad

The representative of TI-RO stated that a person who is abroad can obtain police records through a third party, either through Romanian missions abroad or through a notary (31 Mar. 2014). Without providing details, the representative indicated that if it is done through a notary, a notarized letter "[needs] to be translated and legalized in Romania" (ibid.). According to the representative, if an individual is represented by a lawyer, he or she does not need a notarized letter to access the individual's police reports or criminal records; the lawyer will need only to present a "representation contract" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In 3 April 2014 correspondence with the Research Directorate, an official at the Embassy of Romania in Ottawa said that one can apply to the embassy, or the consulates general of Romania in Montreal, Toronto, and Vancouver, for a criminal record, by completing a form and paying a fee of approximately C$50. The official said the process can take two or three months (Romania 3 Apr. 2014).

In a telephone interview with the Research Directorate, the official of the embassy stated that the embassy can arrange a power of attorney to authorize someone in Romania to access police reports or criminal records on behalf of a person who resides outside of the country (ibid. 1 Apr. 2014), adding in the follow-up correspondence that this could also be done at the consulates general of Romania (ibid. 3 Apr. 2014). The representative of the Directorate for Criminal Records, Statistics and Operational Registers of the Romanian Police similarly stated that criminal records can be obtained through a Romanian embassy or consulate, in person or through a representative, provided the person applying has a power of attorney (ibid. 28 Mar. 2014). The official of the embassy in Ottawa explained that

[t]he notarized letter/power of attorney can be authenticated on the spot when the person comes to the embassy....

The person arranging the power of attorney must have a valid identity document, such as a passport or ID card, to authenticate his or her identity. It is also necessary to know details about the person in Romania being authorized to access the documents, such as the person's name, address, passport or ID number, and personal data (such as birth date or Personal Number Code). (ibid. 3 Apr. 2014)

The official noted that the fee for arranging a power of attorney is approximately C$90 (ibid.). Further or corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Fundația pentru o societate deschisa. 27 March 2014. Correspondence from a program coordinator to the Research Directorate.

_____. N.d. "About Us." [Accessed 2 Apr. 2014]

Romania. 3 April 2014. Embassy of Romania, Ottawa. Correspondence from an official to the Research Directorate.

_____. 1 April 2014. Embassy of Romania, Ottawa. Telephone interview with an official.

_____. 28 March 2014. Poliția românã, Inspectoratul General. Correspondence from a representative of the Directorate for Criminal Records, Statistics and Operational Registers to the Research Directorate.

Transparency International Romania (TI-RO). 31 March 2014. Correspondence from a representative to the Research Directorate.

United States (US). N.d. Department of State. "Country Reciprocity Schedule." [Accessed 1 Apr. 2014]

XE. 1 April 2014a. "XE Currency Converter." [Accessed 1 Apr. 2014]

____. 1 April 2014b. "XE Currency Converter." [Accessed 1 Apr. 2014]

Additional Sources Consulted

Oral sources: Attempts to contact the following organizations were unsuccessful within the time constraints of this Response: Association for the Defence of Human Rights in Romania - Helsinki Committee; Asociatia Pro Democratia in Bucharest; criminal and human rights lawyers in Romania; Canada - Embassy of Canada in Bucharest; Romania - Police Chief Superintendent of the Directorate for Internal Control, Police Director of the General Directorate for Passports; Transparency International Romania.

A representative of the Ministry of Internal Affairs was unable to provide information within the time constraints of this Response.

Internet sites, including: Amnesty International; Association for the Defence of Human Rights in Romania - Helsinki Committee; Asociatia Pro Democratia in Bucharest; Canada - Citizenship Immigration Canada, Department of Foreign Affairs, Trade and Development; ecoi.net; Factiva; Freedom House; Human Rights Watch; Romania - Consulate General of Romania in Toronto, Embassy of Romania in Ottawa, Romanian Police; Romanian Times; Transparency International Romania; United Nations - Refworld; United States - Department of State, Bureau of Consular Affairs, Embassy of the United States in Bucharest.