Plângere contravențională - practica neunitară a instanțelor judecătorești în aplicarea dispozițiilor referitoare la marja de eroare a cinemometrelor
Contraventional complaint - the non-unitary practice of the courts in applying the provisions regarding the error rate of the cinemometers

Summary/Abstract: The courts invested with the resolution of the contravention complaints against the minutes of finding and sanctioning contraventions, gave different interpretations of the legal norms regarding the application / non-application of the error rate of the cinemometers, reaching contradictory solutions and unfairness for the justice. In this respect, the Prosecutor's Office attached to the High Court of Cassation and Justice prepares an appeal in the interest of the law, in order to unify the practice at the level of the courts. There is a majority practice of the courts with regard to the resolution of the contravention complaints invoking the provisions of art. 3.1.1. (c) of the NML 021-05 Legal Metrology Norm, therefore, in order to arrive at a fair conclusion, a corroborated analysis of the relevant legal provisions in the resolution of the contravention complaints, the reasoning in the judgments and the technical details of the measuring instruments speed. During the elaboration of this paper I took into consideration the Romanian legislation, namely the road code, the criminal code, the civil procedure code, the applicable rules of the European Convention on Human Rights, as well as the specialized technical documentation.

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