DIVERGENCES AND DIFFICULTIES IN THE SETTLEMENT OF TRAFFIC OFFENCE CASES Cover Image

DIVERGENŢE ŞI DIFICULTĂŢI ÎN SOLUŢIONAREA CAUZELOR DIN MATERIA CONTRAVENŢIILOR RUTIERE
DIVERGENCES AND DIFFICULTIES IN THE SETTLEMENT OF TRAFFIC OFFENCE CASES

Author(s): Ioana-Anamaria Filote-Iovu
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law
Published by: Universul Juridic
Keywords: contravention; misdemeanor complaint; jurisprudential differences; forced intervenors; presumptions; active role;

Summary/Abstract: In this study, the author aims to highlight the differences in jurisprudence, but also the difficulties encountered by the courts in resolving misdemeanor complaints against the minutes of finding contraventions and the application of sanctions, in which violations of legal provisions in the field were found, which resulted in a traffic accident, which resulted in damage to a vehicle, or other property damage. Thus, the judicial practice is not uniform with regard to the introduction in the case, as forced intervenors, of the other driver involved in the accident and of the insurance company, with regard to the solution pronounced by the appellate court as a result of disregarding the incident legal norms, as well as on the prevalence between the presumption of innocence of the offender and the presumption of validity of the minutes.

  • Issue Year: 2022
  • Issue No: 04
  • Page Range: 49-81
  • Page Count: 33
  • Language: Romanian