DECONTRAVENȚIONALIZAREA ȘI APLICAREA LEGII CONTRAVENȚIONALE MAI FAVORABILE. ASPECTE TEORETICE ȘI PRACTICE

This study analyzes the consequences of the intervention of a more favourable retroactive contraventional law (in a broad sense) both in terms of substantive law and in terms of the procedural instruments which establish the intervention of this norm.
Analyzing the incidental legislation in the light of the provisions of the criminal law, which constitutes the „general law” in the interpretation of the rules of the material contraventional law, according to the provisions of Article 47 of the Government Ordinance No 2/2001, we came to the conclusion that both the decontraventionalisation law and the more favourable contraventional law operate by law, the bodies with attributions in contraventional matters “noting”, and not “pronouncing” the effects generated by the intervention of the more favourable law in a broad sense.
This conclusion transposed at procedural level required a concrete analysis of the procedural institutions by which the effects of the retroactive law are taken into account depending on the procedural moment in which it intervenes.