By Judgment no. 16 of 18 September 2023, delivered by the panel of judges adjudicating the appeal in the interest of the law (published in the Official Gazette no. 112 of 8 February 2024), HCCJ overturns the erroneous practice of some courts which, when analysing the provisions of Art. 31 of the GO no. 2/2001 on the legal regime of contraventions, considered that the contravention claim may not be amended after the 15-day term regulated by the law for the lodging the claim itself.
Judgment no. 16 of 18 September 2023 of the HCCJ, delivered by the panel of judges adjudicating the appeal in the interest of the law, was published in the Official Gazette. This Judgment overturns the erroneous practice of some courts which, in analysing the provisions of Art. 31 of GO no. 2/2001, considered that the contravention claim may not be amended after the 15-day term regulated by the law for lodging the claim itself.
According to the reasoning presented by HCCJ, in accordance with the provisions of the Civil Procedure Code:
“In interpreting and applying the provisions of Art. 31 para. (1) of Government Ordinance no. 2/2001 on the legal regime of contraventions, in the event of a contravention claim, Art. 204 para. (1) of the Civil Procedure Code is applicable, which means that it is possible to amend the claim by the first trial hearing, even after the expiry of the 15-day term for challenging the contravention minutes.”
