ANPC proposes new draft sanctioning reports. How to submit a minor offense complaint.
Updated: May 16, 2024
In response to Law no. 296/2023, which brings a significant fiscal reform in an attempt to strengthen economic and financial discipline, the National Consumer Protection Authority (ANPC) has drafted an order detailing the models and content of the offense reports to be used during inspections. Dissatisfied economic operators will have the option to challenge the offense reports with a minor offense complaint.
Currently, the draft order is pending approval and is not yet in force.
What does the draft propose?
Under the draft, the current offense report and its annexes, approved by the Order of the President of the National Consumer Protection Authority no. 103/2010, remain unchanged for control and sanctioning activities.
The new models are related to:
the ”Custody Report” form, intended for use in the control activities of authorized persons within ANPC,
the standardized form ”Report on the total or partial cessation of immobilization and the total or partial return of immobilized goods” intended for use in the control activities of authorized persons within ANPC.
When will the new models be used?
The Custody Report is intended to be used to implement Article LVI (20) of Law 296/2023, which is aimed at preventing and combating illicit economic activities. This law defines economic activity as profit-oriented activity consisting of the production, administration, or alienation of goods or the provision of services, resulting in income. Illicit economic activity is defined as economic activity carried out by individuals not organized in accordance with current legal provisions, as well as economic activity conducted with goods unaccompanied by provenance documents.
It is prohibited to carry out economic activities with goods unaccompanied by provenance documents, regardless of their location during transport, storage, or commercialization. Non-compliance with these provisions constitutes a contravention (or, in some cases, a crime) and is punishable by a fine ranging from 2,000 lei to 15,000 lei if committed by individuals, and a fine ranging from 5,000 lei to 30,000 lei if committed by legal entities.
Upon finding the contravention, ANPC or, as the case may be, the customs authority, draws up an offense report that includes the following measures:
application of the main contravention penalty.
provisional immobilization of goods that have served or are intended to serve the contravention, as well as sums of money and goods acquired through the contravention, for a maximum period of 24 hours, within which the offender can present provenance documents. In the same offense report, the determining authority informs the offender that after this period, goods that cannot be justified will be confiscated.
application of the suspension of activity penalty.
in the case of repeated illicit activities in the last 12 months, fines increase significantly.
After presenting and verifying the documents within the specified time frame, an offense report is drawn up to establish the total or partial cessation of immobilization and the total or partial return of immobilized goods, attached to the report for finding and sanctioning offenses.
How to use a minor offense complaint?
The ANPC offense report and the imposition of the fine can be challenged with a minor offense complaint according to the provisions of Emergency Ordinance no. 2/2001 regarding the legal regime of contraventions.
The minor offense complaint is filed with the court within whose jurisdiction the contravention was committed or with the court within whose territorial jurisdiction the offender is domiciled or has its headquarters, within 15 days from the date of delivery or communication of the offense report to the offender. A stamp duty of 20 lei is paid for filing a contravention complaint.
If you file a minor offense complaint against the offense report, its execution is stayed. This means that during the resolution of the complaint, no enforced execution procedures will be initiated for the sanctions contained in it. However, the contravention complaint does not suspend all measures that can be ordered through an offense report, so if your situation is special, it is recommended to schedule a consultation with a lawyer before formulating it.
The offense report not challenged with a minor offense complaint, as well as the final court decision resolving the complaint, constitute writs of execution, without any other formality, meaning that forced execution procedures can be initiated.
If you decide to handle your court case on your own, here you will find out how to go to court by yourself.
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