{"id":7044,"date":"2026-04-23T14:58:44","date_gmt":"2026-04-23T14:58:44","guid":{"rendered":"https:\/\/avocatbucuresti.ro\/?p=7044"},"modified":"2026-10-31T11:28:26","modified_gmt":"2026-10-31T11:28:26","slug":"you-received-a-fine-or-a-written-warning-how-do-you-properly-contest-it","status":"publish","type":"post","link":"https:\/\/avocatbucuresti.ro\/en\/ai-primit-o-amenda-sau-un-proces-verbal-cum-il-contesti-corect\/","title":{"rendered":"How to count a contravention record: terms and steps"},"content":{"rendered":"

If you receive a notice of a violation, you can contest it in court. The general deadline set by Government Ordinance no. 2\/2001 is 15 days from the delivery or communication of the notice. However, you should also check the special law applicable to the offense, as it may contain separate rules.<\/p>\n

1. Note the date of the handover or communication<\/h2>\n

Keep the envelope, the receipt of the document or any evidence of the date on which you received the document. The general 15-day period runs from the time of delivery or communication, not from the date you had time to consult a lawyer. If the period seems excessive, request quickly an analysis of the calculation method and the circumstances; late filing may lead to the rejection of the complaint, but the situation is determined by the court.<\/p>\n

2. Check the minutes and the description of the incident<\/h2>\n

Compare the data in the act with the documents and the actual situation. Check, among other things, the date and place of preparation, the identity of the agent, the description of the act, the date, time and place of the alleged offense, the legal basis and the sanction. Decree no. 2\/2001 distinguishes between mentions whose absence leads to the nullity established ex officio and other irregularities for which the damage caused and the possibility of remedying it matter. A formal error does not automatically lead to annulment.<\/p>\n

3. Collect relevant evidence<\/h2>\n

Keep photographs and recordings, documents, correspondence, data about witnesses, and any other entries that can confirm your version. Note when and how they were obtained. The court verifies the legality and thoroughness of the record and assesses the evidence in the context of the case; simply listing some of the evidence does not guarantee the complaint will be admitted.<\/p>\n

4. Formulate and file the complaint<\/h2>\n

The complaint must identify the contested document, explain what you are contesting and why, include the requests made to the court and be accompanied by the relevant documents and evidence. According to the general rule in OG No. 2\/2001, the complaint must be filed with the court in whose jurisdiction the contravention was committed or with the court at the contraventioner\u2019s domicile or place of business. For certain contraventions, there may be special rules of jurisdiction or procedure; check the normative act mentioned in the record.<\/p>\n

5. What happens after filing<\/h2>\n

Under the general regime of OG No. 2\/2001, the complaint suspends the enforcement of the sanction until a decision is reached, in accordance with the law. The court may order evidence and may maintain or change the sanction, or may annul the record, as the case may be. The decision may be appealed under the conditions and within the time limits provided by law, including the special rules applicable.<\/p>\n

Mistakes to avoid<\/h2>\n