Termenul de prescripţie – cauză care înlătură răspunderea contravenţională, noţiune şi condiţii de aplicare [Articol]

Abstract

In recent years, there has been a permanent increase in contraventions found and examined by the competent authorities. The growing number of detected contraventions put pressure on the given authorities who have limited resources in order to achieve the assigned powers in limited terms, in addition, the non-cooperative behavior of citizens makes the terms of examination of contravention cases to be long, and most of the time the procrastination of this is generated by the attitude of the participants in the process. Committing the contravention and finding it triggers the contravention process which most often ends with the application of the contravention sanction and aims to restore the damaged legal order, make the perpetrator responsible, prevent the commission of new illegalities, discipline citizens in the spirit of law enforcement, with certain consequences on them. The prescription of holding the person accountable and applying the contraventional sanction is a cause that extinguishes the contraventional legal conflict report, because it was not resolved within a reasonable period of time, provided for in the contraventional law. Thus, the prescription in contravention law has a determining role in order to achieve the mechanism of sanctioning people for illegalities committed in certain fixed terms and predetermined conditions.