14. Încadrarea juridică greşită a faptei contravenţionale făcută prin procesul verbal de contravenţie. Cauză de nulitate absolute sau relativă a procesului verbal de contravenţie
14. Incorrect legal classification of the administrative offence in the minutes of finding the offence. Grounds for absolute or relative nullity of the minutes of finding the offence

Summary/Abstract: The incorrect indication of the legal provision that penalises the act is not listed in Article 17 of Government Ordinance No. 2/2001 among the grounds for absolute nullity of the minutes of finding the offence; however, Article 16 of that enactment lays down the obligation for the reporting officer to indicate the enactment by which the contravention is established and sanctioned. This circumstance leads to the conclusion that the officer’s omission to indicate the enactment by which the administrative offence is penalised, or the indication of an incorrect provision or enactment, is not sanctioned by absolute nullity, but by relative nullity of the minutes, which becomes operative only to the extent that the sanctioned person proves that the drawing up of the minutes in this way caused him or her a harm that can only be remedied by annulling the act.

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