Post by account_disabled on Jan 8, 2024 10:19:52 GMT
AJudgment of April Collection of Decisions and Judgments II p. point . . The Court notes the sui generis provisions adopted by the Romanian legislator in the matter of contraventions provisions to which the Government refers when it recalls in particular the changes made to the principle of availability specific to civil procedures see above point . Therefore if under art. of Government Ordinance no. the court competent to resolve a complaint against a contravention report was indeed obliged to check whether.
This complaint was submitted within the legal term to then listen to both Country Email List its author and the authority that applied the sanction as well as the witnesses indicated in the minutes or in the complaint neither this ordinance nor Law no. for the sanctioning of acts of violation of some norms of social coexistence public order and tranquility do not expressly provide procedural guarantees applicable in criminal matters such as for example the observance of the presumption of innocence see on the contrary Ozturk above point at the end.
Although the states have the possibility to exclude some crimes from the criminal law and to punish them by way of misdemeanors rather than criminal ones the perpetrators of the crimes should not be in a disadvantageous situation for the simple reason that the applicable legal regime is different from the one applicable in criminal matters Grecu v. Romania no. . point November . In principle the consider as a crime and to punish it as such provided that the requirements of Article of the Convention are met an act that does not represent the natural exercise of one of the rights protected by it see mutatis mutandis Deweer v. Belgium Judgment of February Series A No. . However considering the above the Court is not convinced that.
This complaint was submitted within the legal term to then listen to both Country Email List its author and the authority that applied the sanction as well as the witnesses indicated in the minutes or in the complaint neither this ordinance nor Law no. for the sanctioning of acts of violation of some norms of social coexistence public order and tranquility do not expressly provide procedural guarantees applicable in criminal matters such as for example the observance of the presumption of innocence see on the contrary Ozturk above point at the end.
Although the states have the possibility to exclude some crimes from the criminal law and to punish them by way of misdemeanors rather than criminal ones the perpetrators of the crimes should not be in a disadvantageous situation for the simple reason that the applicable legal regime is different from the one applicable in criminal matters Grecu v. Romania no. . point November . In principle the consider as a crime and to punish it as such provided that the requirements of Article of the Convention are met an act that does not represent the natural exercise of one of the rights protected by it see mutatis mutandis Deweer v. Belgium Judgment of February Series A No. . However considering the above the Court is not convinced that.