ASPECTE DE PRACTICĂ NEUNITARĂ PRIVIND MODIFICAREA CERERII DE CHEMARE ÎN JUDECATĂ PÂNĂ LA PRIMUL TERMEN DE JUDECATĂ ÎN CAZUL PLÂNGERILOR CONTRAVENȚIONALE
ASPECTS OF NON-UNITARY PRACTICE REGARDING THE MODIFICATION OF THE COURT SUMMONS REQUEST UNTIL THE FIRST JUDGMENT TERM IN THE CASE OF CONTRACTIONAL COMPLAINTS

Summary/Abstract: The People's Advocate requested the High Court of Cassation and Justice to promote an appeal in the interest of the law regarding this legal issue, respectively if it can be considered that the provision of art. 31 para. 1 of Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002, derogating from the provisions of art. 204 para. 1 C.pr.civ., in the sense that, in the event of the formulation of a contravention complaint, the petitioner does not have the possibility to modify his request for summons, including by formulating new grounds of illegality or groundlessness of the minutes, after the expiry the term of 15 days from the communication of the contravention report. The practice of the courts is non uniform regarding this legal issue, some courts deeming that the contravention complaint cannot be modified under art. 204 Civil Code until the first court term by adding new grounds of illegality, being considered to have exceeded the 15 day deadline for filing the complaint, while other courts consider the fact that Government Ordinance no. 2/2001 on the legal regime of contraventions is supplemented with the provisions of the Code of Civil Procedure and offers the petitioner the opportunity to invoke new grounds of illegality or unfoundedness of the sanctioning act until the first court term at which he was legally summoned.

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