DESPRE SISTEMUL ABLAŢIUNII ÎN DREPTUL CONTRAVENŢIONAL: O POLITICĂ INCONSECVENTĂ CU EFECTE STRANII
ABOUT THE ABLATION SYSTEM IN CONTRAVENTION LAW: AN INCONSISTENT POLICY WITH STRANGE EFFECTS

Summary/Abstract: The institution of the positive law that allows the offender to settle the legal administrative offense by voluntary payment of a significantly lower fine than the one applied in the administrative offense report (usually half of the legal minimum) within a very short period of time after the application of the sanction it is known in our legal system as „the ablation system”. Over time, this institution has experienced a highly oscillating evolution: introduced as an exception by Decree no. 184/1954 (being applicable, therefore, only when a special text of the law expressly provided this facility in favour of the offender), with the entry into force of Law no. 32/1968 (the framework law on contraventional matters), it became the rule: „the ablation system” became applicable in all cases unless particular norms expressly excluded its application in certain situations. Then, with the entry into force of the new contraventional law - O.G. no. 2/2001, „the ablation system” has become applicable only as an exception and only if this possibility was expressly stipulate by specific contraventional laws. Finally, through Law no. 203/2018 „the ablation system” has again become a principle of contraventional law, applying in all cases, except the ones where a special law expressly excludes it. But this oscillating vision of our law called into question the applicability of „the ablation system” in some particular situations that will be analyzed below. The conclusion we reached was that, at the moment, „the ablation system”, as a general principle, should be applied in all situations, irrespective of the legal instrument of sanctioning administrative offenses, except the cases where it is expressly excluded and without any doubt. Any doubtful legal situations therefore benefit the offender (to whom this facility must be recognized) until the legislator intervenes to the contrary.

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