Nullity of a contravention complaint made after the legal deadline. The impact of the Civil Code provisions on the interruption of the limitation period in the field of offences

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The present complaint was lodged with the court after the 15-day time-limit laid down in Article 31(1) of GO No 2/2001, calculated from the date of service of the minutes.

(...) since the petitioner filed a first application, cancelled in the regularisation procedure, and the present application is subsequent, the date of submission of the initial application, 23 Sept 2019, which is prior to the expiry of the 15-day limitation period, is relevant for the analysis of lateness. Thus, in accordance with the legal provisions cited above, the present complaint will be deemed to have been made in due time, provided it is admitted. In those circumstances, the court will consider the merits of the case, the decision on the objection of lateness depending on the grounds of the complaint.