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In such situations, it is good to know what to do, especially in cases where the action taken (most often fines) seems abusive or inconsistent with reality. Search agents who have finalized the report generally do not provide too much detail or do not at all provide the potential for disputes or procedural issues.
In practice, it turned out that the same determining agents do not dominate the legislation and the procedure when preparing the contravention reports, offering him possibilities to challenge and annul the contravention fine. That is why it is important to know what strengths you can have, according to promotor.ro.
The main regulatory act in the area of contravention is Government Ordinance n. 2/2001 on the legal regime of infractions, with modifications and supplements, but there are also infractions subject to the provisions of special laws.
OG no. 2/2001 provides exactly what data and information should be recorded in the minutes. Thus, according to art. 16, para. (1) the following data must be provided:
- date and place where it ends;
- the name, surname, quality and institution to which the determining agent belongs;
- personal data on the identity document, including the offender’s personal numeric code, occupation, and workplace;
- the description of the infringement deed indicating the date, time and place where it was committed, as well as the indication of all the circumstances that may serve to assess the seriousness of the deed and assess the possible damages caused;
- indication of the normative act by which the violation is established and sanctioned;
- the indication of the insurance company, in the situation in which the deed resulted in a traffic accident;
- the possibility of paying within 48 hours half of the minimum fine provided by the regulatory act, if it provides such possibility;
- The deadline for exercising the appeal and the body before which the complaint is filed.
In the case of a legal person, the record must mention:
- the name, the registered office, the registration number in the commercial register and its tax code;
- The identification data of the person representing you.
In the case of foreign criminals, stateless persons or Romanian citizens residing abroad, the act will include the following information: serial and passport number or other document that crosses the state border, the date of issue and the issuing state.
If the offender is a minor, the report will also include the name, surname and address of the parents or their representatives or other legal guardians.
Appeal of a report
An appeal may be filed against a report on the finding of an infraction within the competent court within 15 days from the date of delivery or communication, in accordance with art. OG 31 2/2001.
The first step is to make the file that you will present to the court and begin with the writing of the appeal in 3 or 4 copies, using this appeal as an indicative model.
Before moving on to the content of the complaint, be clear about what you are looking for, what you are asking the court to do: cancel the report, change the classification of a fine to a warning, reduce the fine or, if you have paid it, return it.
When the appeal refers to formal defects, that is, the data and information contained in the record are missing or erroneous, it is not necessary to address the actual act and the circumstances in which it was committed, it is sufficient to show those inaccuracies or omissions .
If the validity of the script is questioned and needs to be described, the circumstances, its version versus the search agent’s finding, this description is advisable to be concise, with divergent problem points and to mention the details that help it. Remember, therefore, the large number of cases in the Romanian courts and note the patience and attention of a judge.
Do not forget to mention if you want the trial in absentia, according to art. 583 of the new Code of Civil Procedure, in which case the court will resolve the case exclusively in the documents that it presents in the file.
In addition, a legible copy of the violation report that you are attaching to the file is attached, along with any documents that you think may be useful and supporting. At the same time, you benefit from the legal possibility to request evidence in court, you can listen to witnesses if such evidence is approved in advance. You can send all the documents that you have and that you consider useful until the end of the discussions.
The file must not lack proof of payment of the stamp duty, which amounts to 20 lei. This is also the value of the stamp tax for the appeal. Until the entry into force of GEO 80/2013 on the stamp duty, the complaint against the registry to find and sanction the contravention, as well as the appeal against the decision, were exempt from fees.
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