THE REASON AND FIELD OF APPLICATION REGARDING ART. 118 PARA. (3) OF EMERGENCY ORDINANCE NO. 195/2002
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
This article aims to establish the correct interpretation of the obligation to send to the police unit that detected the contravention a copy of the complaint in relation to the performing of appropriate entries in the driving record. It also deals with the consequences that can be reached unjustifiably in the situation when the police unit does not proceed to perform the appropriate entries in the driving record, although they have become aware of the existence of the complaint, being a legal party cited in a pending trial. Therefore, if the police body does not make the entries in the driving record as soon as it is notified on the existence and content of a complaint of violation, we can find ourselves under the scope of the provisions of art. 335 para. (2) of the Criminal Code, namely driving a vehicle without driving license. It is an unfair situation, due to the fact the law itself provides that the complaint has a suspensive effect as of the time of the registration, namely when it is filed with the registry of the court, there also being available the possibility of obtaining a court clerk certificate. This document can prove that the complaint exists, so that, if the potential offender was pulled over for a routine check, the offender would have available all the legal means to prove the existence of the complaint and, by default, of the suspension of the effects of the sanction applied to the offender.
Authors and Affiliations
Beatrice-Ștefania NICULAE
Keywords
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