THE CONSEQUENCES OF THE ADMISSION OF THE APPEAL IN THE INTEREST OF THE LAW NO. 3/2018 REGARDING THE ERROR MARGIN OF THE RADAR DEVICE

Bogdan Sebastian Gavrila ()
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Bogdan Sebastian Gavrila: Doctoral School of Law, Bucharest University of Economic Studies, Romania

Perspectives of Law and Public Administration, 2018, vol. 7, issue 1, 52-59

Abstract: The legal problem of verifying the lawfulness of the sanction for exceeding the legal speed of the offender by reference to the Legal Metrology Norm 021 - 05 "Devices for Measuring the Speed of Motor Vehicles (Cinemometers)" has over time generated a non-unitary judicial practice. Some courts have annulled the fines due to the fact that the offense retained by the investigating agent was not committed by the petitioner. Others annulled in part, framing that act in a legal text that provides a milder sanction. The majority rejected the complaints, noting that the existence of a margin of appreciation provided by the legal text previously indicated regarding the verification of the functionality of the radar apparatus does not automatically equate to retaining a reduced speed level of the applicant in the application of the in dubio pro reo principle, according to the values expressed in the Legal Metrology Rule. Through a careful analysis of the legal texts, doctrine and judicial practice, the present study aims to clarify the implications of the Appeal in the interest of the law in regards to the solution of the legal problem available to the courts.

Keywords: implications of the Appeal in the interest of law no. 3/2018; error margin; radar apparatus; effects on contravention complaints; Legal Metrology Norm 021 – 05. (search for similar items in EconPapers)
JEL-codes: K14 K23 K41 (search for similar items in EconPapers)
Date: 2018
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