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Dificultăți jurisprudențiale în materia contravențiilor rutiere
Jurisprudential difficulties in the matter of traffic contraventions

Author(s): Ioana-Anamaria Filote-Iovu
Subject(s): Constitutional Law, Criminal Law, Civil Law
Published by: Uniunea Juriștilor din România
Keywords: contravention; traffic contravention; complaint against the official report of the contravention; presumption of innocence; presumption of legality;

Summary/Abstract: The study addresses a field of great practical interest, that of traffic contraventions. The perspective is one that combines in a balanced manner the doctrinal elements with the jurisprudential ones, the author proving a very good knowledge of the points of debate and of divergence in this matter. In the study there are included also elements that serve to differentiate the contravention from the offence, with references to the doctrine that has addressed this issue, but also the analysis of the most common differences of opinion, of interpretation and of application of the law. Among these there are: the forced intervention in the matter of the settlement of contraventional complaints, the balance between the presumption of innocence of the petitioner and the presumption of legality of the official report of the contravention, as well as the difficulties in establishing the judicial truth in the matter of contraventional complaints.

  • Issue Year: 2022
  • Issue No: 10
  • Page Range: 112-140
  • Page Count: 29
  • Language: Romanian
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