Last updated: 2 April 2020
In the context of the development of the COVID-19 pandemic and of the stringency to contain the soaring spread of the virus, the Government has adopted the GEO no. 34/2020 whereby sanctions for inobservance of the measures enacted by the military ordinances are substantially increased.
The new provisions shall be effective as of Friday, April 3, 2020.
The main amendments concern:
- MINIMUM AND MAXIMUM WHEN IT COMES TO PENALTIES
Pursuant to the new regulation, penalties that may be inflicted upon individuals by the competent authorities shall range from LEI 2,000 to LEI 20,000, as compared to the GEO no. 1/1999 whereby penalties ranged between LEI 100 and LEI 5,000, according to the severity of the facts ascertained by the control authorities.
As far as legal persons are concerned, penalties shall range between LEI 10,000 and LEI 70,000, as compared to the former GEO no. 1/1999 where penalties amounted to between LEI 1,000 and LEI 70,000.
For example, within the new legal framework, leaving the house without producing, upon request of the police, the identity card and the declaration under sole responsibility or, as the case may be, the certificate issued by the employer, may cost between LEI 2,000 and LEI 20,000, as compared to the former level of penalties ranging from LEI 100 to LEI 5,000.
Likewise, if people placed under isolation or quarantined by the authorities should leave the isolation/ quarantine place without the approval of the competent health authorities, they incur a fine or even criminal sanction, depending on the circumstances and the consequences.
The new legislative text also provides for the possibility to pay only half of the penalty if such payment is made within the 15-day term since the date of the sanction report.
It should be noted that if pursuant to the former legal text the half of the penalty that may have been paid up within the 15-day term, would be calculated by taking into account the minimum penalty (LEI 100), pursuant to the new ordinance the reduction of half shall apply to the actual penalty inflicted by the competent body. For example, if an individual was fined before the entry into effect of the GEO no. 34/2020 then such individual could pay the a reduced penalty amounting to LEI 50, irrespective of the actual penalty inflicted upon. …. From now on, the half of the penalty shall be calculated only by taking into account the amount of the penalty actually inflicted upon.
- COMPLEMENTARY SANCTIONS THAT MAY BE INFLICTED WITH THE PENALTY
The new ordinance also provides for complementary sanctions that may be inflicted, as the case may be, to individuals and legal persons, as following:
- Seizing the goods serving, used or resulting from the contravention;
- Prohibit access thereto further to the seizure;
- Temporary suspension of the activity;
- Dismantling of certain works;
- Restabilising of layouts.
- CONTRAVENTION COMPLAINT
In the present context, legal texts lay down a stricter regime of sanctions and derogate from general principles usually applicable in contravention matters stating that the filing of a contravention complaint results in suspending the execution of the sanction infringed upon until a final decision is rendered by the competent courts of law.