LAW 180 11/04/2002
Print
LAW No. 180 of April 11th, 2002for the approval of Government Ordinance no. 2/2001 regarding the juridical regime of contraventionsISSUED BY: The Parliament of RomaniaPUBLISHED IN: the Official Gazette of Romania No. 268 of April 22nd, 2002– The initial document was published in The Official Gazette of Romania no. 268 of April 22nd, 2002._________ Note C.T.C.E.: For using in court, only the text in the Romanian language has legal foundation. The Parliament of Romania adopts the present law. SINGLE ARTICLE Government Ordinance no. 2 of July 12th, 2001 regarding the juridical regime of contraventions, adopted on the grounds of art. 1 point IV.9 in Law no. 324/2001 regarding the qualification of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 410 of July 25th, 2001 is approved with the following changes and completions:1. Article 1 shall have the following contents:Art. 1 - The contraventional law protects the social values that were not protected by the penal law. It is considered as contravention the deed committed with offence, established and sanctioned by law, by a Government decision, or, as the case may be, by a decision of the local council of the commune, town, municipality or of the sector of the municipality of Bucharest, of the county council or of the General Council of the Municipality of Bucharest.2. At article 2, paragraphs (1) - (3) shall have the following contents:Art. 2 - (1) By laws, ordinances or decisions of the Government, contraventions in all fields of activity may be established and sanctioned.(2) By decisions of the authorities of the local or county public administration, contraventions in all fields of activity in which they were established attributions by law shall be established and sanctioned, as far as in the respective fields contraventions by laws, ordinances or by Government decisions were not established.(3) The local councils of the sectors of the municipality of Bucharest may establish and sanction contraventions in the following fields: salubrity; activity in the markets, their cleaning and hygiene; maintenance of the parks and greens, of the spaces and playing places for children; arranging and cleaning the spaces around the blocks of dwellings, as well as of the vacant lands; maintenance of the basis and sportive objectives found in their administration; maintenance of the streets and pavements, of schools and other institutions of education and culture; maintenance of buildings, surroundings and other constructions; depositing and collecting trash and domestic rests.3. At article 2, after paragraph (4), paragraph (5) is inserted, with the following contents:(5) The decisions of the local or county councils, or, as the case may be, of the sectors of the municipality of Bucharest, that established contraventions by not taking into consideration the principles provided under pars. (2) - (4) are null by right. The nullity is discovered by the competent instance of the administrative contentious, on the request of any interested person.4. Article 4 shall have the following contents:Art. 4 - (1) The normative acts that establish and sanction contraventions come in force within 30 days from the date of the publication and in the case of the decisions of the local or county councils their application shall be done with the observance of the conditions provided under art. 50 par. (2) in Law on local public administration no. 215/2001.(2) In emergency cases, their coming into force may be provided for a shorter term, but not less than 10 days.(3) The decisions of the authorities of the local or county public administration provided under art. 1, that establish and sanction contraventions, may be brought to the public knowledge by posting or by any other form of publicity provided in the conditions of Law no. 215/2001.5. At article 5, paragraph (5) shall have the following contents:(5) The sanction established must be proportional with the degree of social danger of the committed deed.6. At article 5, after paragraph (5), paragraphs (6) and (7) are inserted, with the following contents:(6) The complementary sanctions shall be applied function to the nature and gravity of the deed.(7) For one and the same contravention, only a main contraventional sanction and one or more complementary sanctions may be applied.7. Article 8 shall have the following contents:Art. 8 - (1) The contraventional fine has an administrative trait.(2) The minimum fine of the contraventional fine is of 250.000 lei, and the maximum limit cannot surpass:a) one billion lei, in the case of the contraventions established by law and ordinance;b) 500 million lei, in the case of the contraventions established by decisions of the Government;c) 50 million lei, in the case of the contraventions established by decisions of the county councils or of the councils of the General Council of the Municipality of Bucharest;d) 25 million lei, in the case of the contraventions established by decisions of the local councils of the communes, towns, municipals and of the sectors of the municipality of Bucharest.(3) The sums coming out of fines are turned into income to the state budget, with the exception of the ones applied on the grounds of the decisions of the authorities of the local or county public administration provided under par. (2) lets. c) and d), that are turned into income to the respective local budget, as well as of the ones for which the law provides otherwise. The fines applied on the grounds of a law, an ordinance or of a Government decision shall be turned into income to the state budget, in quota of 75%, the difference belonging to the authority from which the finding agent makes part. This sum is retained wholly as extra budgetary incomes, with a permanent title, and shall be distributed for equipping with specific means of the activities in the field.8. At article 20, paragraph (2) is abrogated.9. At article 22, paragraph (1) shall have the following contents:Art. 22 - (1) In the case of the contraventions for which the law provides the sanction with the contraventional imprisonment, alternatively with the fine, if the finding agent believes that the sanction of the fine is not enough, he shall conclude a finding report and shall forward it, within at most 48 hours, to the court of law in whose territorial area the contravention was committed, in order to apply the corresponding sanction. The judge shall be done with the participation of the public prosecutor.10. At article 28, paragraph (1) shall have the following contents:Art. 28 - (1) The offender may pay on spot or within at most 48 hours from the date of concluding the report, or, as the case may be, from the date of communicating it, half of the minimum of the fine provided in the normative act, and the finding agent shall mention this in the report. In the normative act for establishing the contraventions, this possibility must be specially mentioned.11. At article 34, paragraph (2) shall have the following contents:(2) The judge decision that solved the complaint may be brought to law with recourse, within 15 days from the communication, at the section of administrative contentious of the court of law. The motivation of the recourse is not compulsory. The reasons of recourse may be sustained verbally in front of the instance. The recourse suspends the execution of the decision. This law was adopted by the Senate during the meeting from March 13th, 2002, with the observance of the provisions under art. 74 par. (2) in the Constitution of Romania. p. THE PRESIDENT OF THE SENATE, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies during the meeting from March 19th, 2002, with the observance of the provisions under art. 74 par. (2) in the Constitution of Romania. THE PRESIDENT OF THE CHAMBER OF DEPUTIES VALER DORNEANU _____________
