The Competence of the Court to Remove the Additional Sanction in the Case in which the Contravention was Committed
The Competence of the Court to Remove the Additional Sanction in the Case in which the Contravention was Committed

Summary/Abstract: Art. 21 par.3 of GO 2/2001 on the legal regime of contraventions represents the legal grounds on which it is proceeded to the re-individualization of the main sanction for a contravention consisting in the fine applied to the petitioneroffender by the minutes for finding and sanctioning the contravention; the legislator lists exhaustively the criteria depending on which the sanction is established, the main envisaged purpose being that of enforcing a sanction which is proportional to the degree of social danger of the deed committed. According to par. 3 of the same article, the sanction is applied within the limits provided by the legislative act and must be proportional to the degree of social danger of the deed committed, taking into account the circumstances in which the deed was committed, the means and methods for committing it, the envisaged purpose, the occurred result, as well as the offender’s personal circumstances and the other data recorded in the minutes. From the definition of contravention law contained in art. 1 sentence I of GO 2/2001 on the legal regime of contraventions, we note that “Contravention law defends the social values that are not protected by criminal law.” The specificity of the main sanctions for contraventions, provided in art. 5 par. 2 of the pre-quoted legislative act, represented by fine and Warning, but also that of the additional sanction or of the sanction for providing a community service activity consists in the fact that, unlike civil or criminal sanctions, these do not have remedial character, but an exclusively preventive-educational character. Other main or additional sanctions may be established by special laws. The established sanction must be proportional to the degree of social danger of the deed committed. Additional sanctions apply depending on the nature and seriousness of the deed. In the civil trial, the admission of the request for re-individualization of sanctions for contraventions enforced by the official examiner has as effect either the replacement of the civil fine with a more lenient sanction, such as the Warning provided in art. 5 let. a), corroborated with art. 7 of GO 2/2001 on the legal regime of contraventions, or the reduction of the quantum of the enforced fine. The legislator lists exhaustively the additional sanctions for contraventions in art. 5 par. 3 let. a) – g) of GO 2/2001 on the legal regime of contraventions, subject to the fact that other additional sanctions, which will be enshrined, may be established by special laws, probably by special laws depending on the specificity and particulars of the deed punishable as contravention. From the content of the provisions of art. 5 par. 6 of GO 2/2001 on the legal regime of contraventions, we note that additional sanctions apply depending on the nature and seriousness of the deed, and only if the legislator provided this sanction in the special law applicable to the imputed deed.

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