Defendants (criminal proceedings)

Rumunija

Turinį pateikė
Rumunija

In Romania, offences subject to (non-criminal) penalties are called minor offences. Minor offences are dealt with according to administrative procedures.

How are minor road traffic offences dealt with?

How are speeding, parking etc. offences dealt with?

These offences are dealt with according to an administrative procedure which generally involves filling in a report on the offence committed, indicating the penalties.

Who deals with such offences?

Minor road traffic offences are dealt with by traffic officers and, at the Romanian border checkpoints, by border police.

What is the procedure?

The officers enforce the penalty by filling in a report on the offence. The report must include details, such as: a description of the offence including the date, hour and place where it was committed, the law relating to the offence, etc.

When drafting the report, the officer must inform you of your right to object to the contents of the report. The objections are written down separately in the report. If this does not happen, the report is null and void.

Offences can also be established using technical devices (for example, a radar), which should be mentioned in the report. In this case, you do not have to be present when the report is completed.

What are the penalties?

The main penalties are warnings and fines.

Additional penalties can include: penalty points, suspension of the driver’s licence for a limited period of time, etc.

The officer can also order an administrative penalty: retention of the driver’s licence or vehicle registration certificate, revocation of the driver’s licence, etc.

Are such offences pursued against nationals of other Member States?

Minor offences committed in Romania by foreign citizens are subject to the same regime as offences committed by Romanian citizens.

Reports concerning foreign citizens are sent for enforcement to the General Inspectorate of Romanian Police. They send the report to the General Inspectorate of Border Police, together with the name of the offender, passport number, report serial number and the amount due. The Border Police record the offence and impose conditions on the entry of the offender onto Romanian territory.

Can I appeal?

The report on minor offences can be appealed within 15 days of being served, with the court with jurisdiction in the area where the minor offence was committed. If you appeal the penalties will be suspended. The court decision taken in connection with the report can be further appealed by second appeal.

Will these offences appear on my criminal record?

Minor offences will not appear on your criminal record.

The penalties applied for minor road traffic offences are added to the records of the traffic police and, if repeated, they may lead to other measures (for instance, if 15 penalty points are accumulated within 6 months, the driver’s licence will be suspended).

Related links

Ministry of Administration and Interior

Last update: 15/02/2012

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