FACIAS believes that during this period all citizens should be cautious and responsible and respect more than ever the indications of the authorities. But what can we do when we are victims of abuse by the authorities?
How do we act if, in the subjective view of a police officer, we have incorrectly filled in the self-declaration? Where do we address ourselves if we have received a fine of 10,000 RON because we went out to get medicine from another pharmacy than the one written on the declaration which was closed?
These and many other situations have been faced by Romanian citizens with the initiation of the state of emergency and the contraventions that come with it. These provisions are intended to protect us from the coronavirus pandemic, not to give the authorities a free hand to abuse it. Paying up to 20,000 lei, according to GEO 34/2020, because we did not have the right signature on the declaration is clearly an abusive way of taking advantage of the precarious situation we are facing at the moment.
So let us see what steps we need to take to combat these fines and not fall prey to abuse:
- Paying the fine
Of course, if the fine has been imposed correctly, it must be paid. You did wrong, you pay! We can, however, not pay it in full, but only 50% of the amount of the fine imposed. For example, if we have filled in the declaration that we are making a short trip related to pet needs, but we forget Bubico at home and get a 500 lei fine, we can only pay half of it, i.e. 250 lei.
Attention, the new ordinance requires you to pay 50% of the amount of the fine you received, not the statutory minimum fine.
Payment of the fine will be made within a maximum of 15 days from the date of notification of the fine.
- Appealing the fine
If there are good reasons to believe that the fine you have received is unfair, the main way is to appeal against the fine by lodging an appeal with the court where the offence was committed.
Attention, if you want to take this route, it is preferable to have a witness who is willing to appear in court to confirm your version. Otherwise, you will have less chance of winning.
The appeal must be lodged within 15 days of notification of the report together with:
- copies of the minutes;
- copies of identity documents;
- other documents you consider relevant to the judge's conviction;
- proof of payment of the court stamp duty of 20 lei.
Even if you wish to contest the fine, it is preferable to pay the half mentioned above, which you will get back if you win the case.
- Failure to sign the fine notice
You can also refuse to sign the fine notice at all. This refusal does not absolve you of any blame, but it will give you some breathing space, i.e. the time until the report is mailed to you.
Attention, if a period of 2 months has passed and you have still not been served with the report, then enforcement is time-barred.
If you refuse to sign the report, the officer will make a note of this. Otherwise, the report may be cancelled.