How can I contest a contravention sanction?
To contest a contravention sanction, you must file a contravention complaint with the competent court within 15 days of receiving the minutes of the contravention and sanctioning process. The complaint must be written and should detail the reasons why you believe the sanction is unjustified.
What should the contravention complaint contain?
The contravention complaint must include the reasons for the illegality of the contravention minutes, which justify, in your opinion, the complete annulment of the sanction or its replacement with a warning. The mandatory elements of a contravention complaint include:
- Identification details of the petitioner (name, address, personal identification number)
- Details about the contested minutes (number, date of issuance, issuing authority)
- Reasons why the sanction is considered unjustified, accompanied by relevant evidence
- A request for the annulment or modification of the applied sanction.
What is the deadline for filing a contravention complaint?
The deadline for filing a contravention complaint is 15 days from the date of service of the minutes of the contravention and sanctioning process. Different deadlines may be stipulated by special laws in various economic sectors.
What happens after filing the contravention complaint?
After filing the contravention complaint, the competent court will form a contravention file and schedule court sessions to hear the arguments of the involved parties – the contravener (petitioner) and the public authority that issued the contested minutes. The involved parties will be summoned for the scheduled court sessions. The designated court panel will examine the evidence presented by the parties and will issue a judgement that can confirm, modify, or annul the applied sanction.
As a general rule, the enforcement of the applied sanctions is stayed during the contravention process, so you do not need to pay the fine or endure other consequences.
What evidence can be presented to support the contravention complaint?
During the contravention process, you can present any relevant evidence that supports your arguments. This may include:
- Witnesses
- Documents (invoices, certificates, reports, tickets, statements, etc.)
- Video or audio recordings
- Photographs
- Technical expert reports
What happens if the court annuls the contravention sanction?
If the court decides to annul the contravention sanction, it will no longer produce legal effects, and you will not be required to pay the fine or endure other legal consequences of the sanction.
What happens if the court rejects the contravention complaint?
If the court rejects the contravention complaint, the sanction remains in force, and you will have to pay the fine or endure other legal consequences of the sanction. However, you have the option to appeal the court's decision within the legal deadline.
Are there any costs associated with filing a contravention complaint?
Filing a contravention complaint involves certain costs, such as the judicial stamp fee, generally amounting to RON 20 (approx. 5 EUR). Other costs may arise from attorney fees if you choose to be represented by a lawyer or expert fees if a specialized report is required.
