Fines and Penalties Lawyer in Cluj

Got a fine and want to contest it? I advise and represent you in challenging the fine report with a complaint against the fine at the district court, whether it's a traffic fine or a fine from the city hall, the police or another authority.

Lawyer, Cluj Bar · Updated · Read this page in Romanian

In short

A fine report (proces-verbal de contravenție) for a minor offence (contravenție) can be contested with a complaint against the fine (plângere contravențională) at the district court within 15 days of receiving it, and the complaint suspends enforcement of the sanction (art. 31(1) and art. 32(3) of Government Ordinance no. 2/2001, OG 2/2001). Within the same 15 days you can pay half of the minimum fine (art. 28(1)).

Have you received a fine report that you think is unfair or unlawful? You can contest it with a complaint against the fine, and I’ll help you do it in time. Send me a photo of the report and I’ll read it carefully.

What is a minor offence?

Under art. 1 of OG 2/2001, a minor offence is an act committed with fault and defined and sanctioned as such by a law, an ordinance, a Government decision or a decision of the local or county council. The most common sanctions are a warning and a fine.

You have 15 days to contest

You can file a complaint against the fine report within 15 days of it being handed to you or communicated to you (art. 31 of OG 2/2001). The complaint is filed at the district court (judecătoria) and suspends enforcement of the sanction until the case is finally decided (art. 32(3)). The court with jurisdiction is the one for the area where the minor offence was committed, or for the domicile or registered office of the person fined.

What I check in a fine report

Quite a few fine reports have defects of form or substance. I look at the mandatory details (art. 17), at how the act is described, at the legal basis for the sanction and at the limitation periods. The sanction must be applied within 6 months of the act (art. 13), and if the fine report isn’t communicated to you within two months of the sanction being applied, it can no longer be enforced (art. 14).

How I can help

I read the fine report, look for grounds for nullity or reasons it’s unfounded, write the complaint and represent you at the district court. I handle traffic fines and fines from the city hall, the police or other authorities. If your licence has been retained, the page about the suspended driving licence (permis suspendat) has the suspension periods, the one-third reduction and the steps to get your licence back. It’s worth at least checking a fine before you pay it. Send me the fine report before the 15 days run out. For other procedures with public institutions, see dealing with Romanian authorities.

Frequently asked questions

How long do I have to contest a fine report?
Under art. 31(1) of OG 2/2001, you can file a complaint within 15 days of the date the fine report was handed to you or communicated to you. It's a strict time limit: if you miss it, the complaint is usually rejected as late. Don't leave it until the last day; send me the fine report as soon as you can.
If I file a complaint, do I have to pay the fine in the meantime?
No. Under art. 32(3) of OG 2/2001, a complaint against a fine suspends enforcement of the sanction. In other words, the fine isn't enforced until the court has given a final ruling on your complaint. The suspension is automatic: filing the complaint in time is all it takes. You can wait for the judgment without worrying about paying.
Can I pay half the fine?
Yes. Under art. 28(1) of OG 2/2001, you can pay half of the minimum fine set by law within 15 days of the date the fine report was handed to you or communicated to you. Be careful, though: some fixed fines set by special laws can't be halved. If you're not sure which kind yours is, I'll tell you.
When is a fine report void?
When certain basic details are missing. Under art. 17 of OG 2/2001, the fine report is void if it lacks any of these: the officer's first name and surname, the name of the person fined, the act committed, the date it was committed or the officer's signature. The court can also raise this of its own motion. That's why these details are the first thing I check.
How much does it cost to contest a fine in court?
The stamp duty is small. Under art. 19 of Government Emergency Ordinance no. 80/2013 (OUG 80/2013), the complaint against the fine report and the appeal against the judgment each carry a court stamp duty (taxă judiciară de timbru) of 20 lei, and the complaint is heard by the district court. My fee is separate, and I'll tell you from the start how it's set.

Received a fine report?

From the traffic or local police, the Territorial Labour Inspectorate (ITM), the consumer protection authority (ANPC), the Environmental Guard (Garda de Mediu) or another authority: send me the fine report and we’ll go through what you can do. The deadlines are short, so it’s worth having it checked early.

  1. Send me the fine report.
  2. I read them and call you.
  3. I tell you what your options are.

Everything you send me is covered by professional secrecy.

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    Useful calculators

    Traffic fine and challenge deadline calculator (Romania)

    Work out a Romanian traffic fine by sanction class, the payment of half the minimum within 15 days and the last day to challenge the fine report.

    In this section

    Complaint against a fine

    You contest a fine report with a complaint against the fine at the district court, within 15 days of receiving it. I'll tell you what I check in the report, how the case goes and what happens if the complaint is rejected.

    Traffic fines

    What the fine report means, the 15-day deadlines to pay half or to contest it, penalty points and licence suspension, and when a traffic offence becomes a criminal case.

    Suspended driving licence

    Have the police taken your licence, or have you reached 15 penalty points? I'll tell you how long the suspension lasts, how to ask for the one-third reduction, which test you take, where you collect your licence and when it's worth contesting the fine report.

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