Romania
Capital city — Bucharest
Incarceration rate (per 100,000 inhabit…
i01/2023Country population
i2021/ Council of Europe, SPACE I – 2021 ReportType of government
Human Development Index
0.821(53/191)
iHomicide rate (per 100,000 inhabitants)
Name of authority in charge of the pris…
Total number of prisoners
i31/01/2023Average length of imprisonment (in mont…
i2020/ Council of Europe, [SPACE I – Report 2021](Conseil de l’Europe, SPACE I – Rapport 2021, p. 125.), p. 125.Prison density
121 %During their visi…
i01/03/2023/ Europea Libera RomaniaTotal number of prison facilities
i2021An NPM has been established
Female prisoners
i31/01/2023Incarcerated minors
i31/01/2023Percentage of untried prisoners
i31/01/2023Death penalty is abolished
yes, since 1989Romania abolished…
Overview
Prison population
Incarceration rate (per 100,000 inhabitants)
122
The authorities publish official statistics on prison population
on a regular bases
The prison service publishes a daily counter on its website, as well as a database with monthly statistics.
The prison service has a computerised record keeping system
Total number of prisoners
23,040
Variation in the number of prisoners
increase
The number of people in prison increased by 12% between January 2020 (20,570)1 and January 2023 (23,040).
Council of Europe, SPACE I, 2020 Report, p. 125. ↩
Number of people serving non-custodial sentences
Data not disclosed
Non-custodial sentences were introduced into legislation as part of the penal reform of 2014. The country does not produce national statistics on the number of persons sentenced to non-custodial sentences.
Variation in the number of people serving non-custodial sentences
Data not disclosed
The number of people serving non-custodial sentences decreased by 3.38% between January 2020 (69,812)1 and January 2021 (67,450).
Council of Europe, SPACE II, 2020 Report, p. 31. ↩
Variation in the incarceration rate
increase
The incarceration rate increased by 14.55% between January 2020 (106.5)1 and January 2023 (122).
Council of Europe, SPACE I, 2020 Report, p. 33. ↩
Number of admissions
10,555
Number of releases
9,354
Average length of imprisonment (in months)
27.5
Variation in the average length of imprisonment
decrease
The average length of imprisonment increased by 6.59% between January 2020 (25.8)1 and January 2021 (27.5).
Council of Europe, SPACE I, 2020 Report, p. 125. ↩
Prison density
121 %
-
In its 2022 periodic report to the Committee Against Torture, Romania’s prison service reported progress in addressing prison overcrowding. The national penitentiary occupancy rate, which stood at 127% in 2018, decreased to 113.5% by 2022. The government also signed a memorandum to provide 5,800 new prison spaces by 2025.
Variation in the prison density
increase
The occupancy rate increased by 7% between January 2020 (112.8)1 and November 2022 (120.7).
Council of Europe, SPACE I, 2020 Report, p. 73. ↩
The breakdown of prisoners by length of sentence, as of 31 January 2019 1:
- one to three months: 0% (6)
- three to six months: 0.3% (63)
- six months to one year: 2.6% (480)
- one to three years: 20.6% (3,868)
- three to five years: 25.6% (4,804)
- five to ten years: 27.9% (5,240)
- 10 to 20 years: 17.4% (3,270)
- over 20 years: 4.7% (874)
- life: 0.8% (158)
Aebi, M. F., & Tiago, M. M., “SPACE I - 2019 – Council of Europe Annual Penal Statistics: Prison populations”, p. 52-54. ↩
Overcrowding is an issue for specific types of prison facilities
yes
Prison overcrowding is concentrated mainly in prisons with closed confinement regimes and in some remand centres 1.
The Director of the Prison Service stated in September 2022 that overcrowding is higher in smaller prisons.
The occupancy rate varies between 130% and 160% in many prisons. In section E2 of Slobozia prison, the rate is 156.81%. In Mărgineni prison, there are 30 beds in a room that was built to have only 12.2.
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, “Report to the Romanian government on the visit from 7 to 19 February 2018”, 19 March 2019, p. 34. ↩
People’s Advocate, “Activity Report 2021” (in Romanian). ↩
The country has been condemned by an international court for its prison overcrowding
yes
The European Court of Human Rights has repeatedly condemned Romania for the conditions of confinement and in particular the overcrowding of its prisons:
- Varga and Others v. Romania, no. 66094/14, 14 December 2017
- Rezmiveș and Others v. Romania, no. 61467/12, 25 April 2017
- Florin Andrei v. Romania, no. 33228/05, 15 April 2014
- Remus Tudor v. Romania, 15 April 2014
- Iacov Stanciu v. Romania, no. 35972/05, 24 July 2012
The law no. 169 of 14 July 2017 was passed by the Romanian Parliament following the ECHR convictions and in order to avoid future sanctions. It provided for the release of several thousand prisoners. It was implemented between October 2017 and December 2019.
A supervisory body has issued a decision on prison overcrowding
The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (SPT) noted the overcrowding of penitentiary establishments during a visit from 3 to 12 May 20161.
The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) visited the country’s prisons in 2018. It highlighted the efforts undertaken by the government and the prison service to alleviate prison overcrowding, while noting the persistence of overcrowding in some facilities.2
The CPT reports, in 2021, that the prison estate is being used at 127% of its official capacity. Some prisons, such as Craiova and Margineni, have an occupancy rate of 150%3.
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, “Report to the State party on the visit from 3 to 12 May 2016”, 29 January 2019. ↩
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, “Report to the Romanian government on the visit from 7 to 19 February 2018”, 19 March 2019, p. 34. ↩
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, “Report on the ad hoc visit to Romania carried out by the CPT from 10 to 21 May 2021”. ↩
Organisation
Name of authority in charge of the prison service
Ministry of Justice
Budget of the prison service
335,380,000
USD - 1,431,920,000 lei
The authorities allocate, in 2022, an average of 38.14 lei (EUR 7.7) per prisoner per day.
Percentage of the ministerial budget allocated to the prison service
31.1 %
The prison service outsources the management of the facilities to private companies, either partially or fully
yes, partially
The prison service regularly opens public contracts and invites tenders, in particular for the renovation of its premises, the modernisation of its internal IT system and support for certain categories of prisoners.
The prison service, under the responsibility of the Ministry of Justice, consists of a central service and ten main departments:
- social reintegration
- prison security
- prisoner health
- human resources
- project implementation
- prevention of crime in confinement
- communication technology and IT
- administration and finance
- penitentiary inspection
- legal affairs
The Ministry of Justice appoints, by decree, the director general of the prison service and its three deputy directors. The facility supervisors are responsible for implementing the decisions taken by the central service. They are required to indicate the specific needs and objectives of the establishment for which they are responsible. 1
The Ministry of the Interior is in charge of pre-trial confinement centres.
Ordinance 160/C/2018 of 8 January 2018 on the organisation and functioning of the prison service. ↩
The different confinement regimes are:
- the open regime: applies to persons sentenced to less than one year. They are allowed to take part in activities outside the facility.1
- the semi-open regime: applies to persons sentenced to between one and three years. They can move freely in prison during cell opening hours. This regime concerns the largest number of prisoners.2
- the closed regime: applies to persons sentenced to between three and 13 years. They are placed in collective cells.3
- the maximum-security regime: almost always applies to persons sentenced to life imprisonment or a sentence of over 13 years. Prisoners considered to pose a risk to the facility’s security are also included. In theory, prisoners placed under this regime have individual cells. They are allowed to take part in socio-cultural activities in small groups, and to work in their cells.4
The prison service also bases assignment decisions on an assessment of each person’s character, their perceived harmfulness and the nature of their offence. Some prisoners are assigned a regime that is inconsistent with the length of their sentence.
Articles 80 to 87, Prison Regulations, 10 March 2016 (in Romanian). ↩
Articles 73 to 79, Ibid. ↩
Articles 64 to 72, Ibid. ↩
Articles 55 to 63, Ibid. ↩
Prison facilities
Most penitentiary facilities have several confinement regimes in dedicated quarters, ranging from open to maximum security. Persons awaiting trial are usually held in a dedicated ward. Several wings are located outside the main facilities, mainly to accommodate people placed in open or semi-open regimes. Two confinement centres and two educational centres for juveniles provide for different confinement regimes. There are six prison hospitals throughout the country 1.
Prison Service, “Annual acitivity report 2019”, p. 12 (in Romanian). ↩
Total number of prison facilities
45
Total official capacity of the prison facilities
19,091
Variation in the capacity of the prison facilities
increase
The size of facilities varies significantly: from 206 spaces in Miercurea Ciuc prison to 1,509 in Giurgiu prison.
Prisons are located throughout the country. Eleven of the country’s 41 counties have no correctional facilities.
Prison facilities are accessible by public transport
most facilities
Most correctional facilities are located in or near cities.
Staff
Number of prison guards (FTE)
6,944
Variation in the number of prison guard positions
decrease
The number of prison guards decreased by 4.11% between January 2020 (7,242)1 and January 2021 (6,944).
Council of Europe, SPACE I, 2020 Report, p. 73. ↩
Guard to prisoner ratio
1 : 3.1
Number of socio-educational workers (FTE)
537
Percentage of socio-educational workers in relation to the entire prison staff
4.8 %
The prison staff is represented by (a) union(s)
Prison staff are represented by various unions, including two federations:
- the Federation for the national penitentiary system (Federation Sindicatelor din Administratia Nationala a Penitenciarelor), composed of 27 unions
- the Federation for the penitentiary system (Federația Sindicatelor din Sistemul Penitenciar), composed of 11 unions.
The Târgu Ocna training school for prison officers provides one-year training courses to classes of over 200 students (242 in 2020). Candidates must first apply through a local institution. The candidate must:
- be of Romanian nationality
- live within the national territory
- have a baccalaureate degree
- be between 18 and 35 years of age
- meet the physical and mental requirements
- have a clean criminal record
Two spots are reserved each year for candidates from the Roma community.
People who have been trained at the police academy in Bucharest or at one of the military academies or officers’ schools (Bucharest, Sibiu, Pitesti) may also join the guard corps.
The gross wages of prison officers in January 2020 were between 4,733 and 8,773 lei (1,133 and to 2,101 USD) 1. Prison guards enjoy a number of benefits. The prison service provides financial support to officers for the construction of their first home. An allowance for rent (up to 50% of salary) and moving expenses may be granted. Medical and paramedical care is offered and can be provided abroad if not available in Romania. There is a 2-year maternity leave, extendable to three years in the case of a disabled child. Vouchers for restaurants and spas can be provided. Some of these benefits are retained after retirement and may also be used by close family members2.
Prison Service, Gross Salary Sheets, January 2020 (in Romanian). ↩
Law no. 145 of 22 July 2019, on the status of prison officers (in Romanian). ↩