Complaint against a fine (Romania)

Published byDocMuse

The complaint to the local court against the report by which a fine was imposed in Romania — a traffic fine or any other. It is filed within 15 days of receipt (art. 31 of Ordinance no. 2/2001) and asks for the report to be annulled or the fine replaced with a warning. It sets out the grounds of absolute nullity in art. 17 — the officer's details, the offence, the date or the signature missing — the evidence, and a request to be tried in absence.

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Common questions

How long is there to complain against a fine in Romania?

15 days from the report being handed over or delivered (art. 31 of Government Ordinance no. 2/2001), at the local court for the place of the offence or the one for the offender's home or registered office (art. 32; for traffic fines, art. 118 of Emergency Ordinance no. 195/2002). The time runs from receipt, and a complaint filed after it is dismissed as late.

Can a complaint still be made after paying half the fine?

Generally — traffic fines included — the law allows half the minimum fine to be paid within 15 days of receipt (art. 28 of Government Ordinance no. 2/2001), the same period as for the complaint; some special laws provide otherwise, and the report mentions the option. Paying does not, as a rule, prevent a complaint, and if the complaint succeeds the sum paid can be recovered. It is a choice worth weighing before paying.

What can the court decide about the report?

It can annul it — for missing the mandatory details of art. 17, for instance, or because the offence is not proven — uphold the penalty, or replace it with a warning if the offence is minor (art. 34). The complaint carries a small court fee, and the local court's judgment can be appealed.