Post by account_disabled on Feb 14, 2024 9:26:02 GMT
Ab point of GEO republished. At the same time penalty points were applied. The petitioner signed the contravention report without objections or other mentions . Regarding the legality of the act of sanctioning by reference to art. paragraph of OG no. the court retains the application of the provisions of art. lit. h from Law no. the local police having the apply the appropriate sanction for the violation of the legal rules regarding the stopping parking parking of vehicles and prohibited access having the right to order measures to remove illegally parked vehicles as a result no may retain considerations related to the illegality of the sanctioning act related to the functional competence of the ascertaining agent.
In terms of the merits the court notes that the contravention report Congo Email List was drawn up on .. while the contravention was committed and exhausted on .. aspects that lead to the conclusion that no finding was made direct and immediate detection of the fact by the ascertaining agent through his own senses so that the contravention report itself does not benefit from the presumption of veracity attributed exclusively to the situation of ascertaining the fact by the ascertaining agent ex propriis sensibus.
The respondent did not produce evidence in support of the factual elements recorded in the contravention report i.e. photographs or documents from which the factual elements that make up the constitutive content of the contravention act can be obtained so the court cannot hold it as proven and therefore as true the claim regarding the place of commission of the contraventional act the material element of the objective side of the contraventional act of the resulting consequence and the direct causal link between the illegal act and the dangerous social consequence created. Accept the contravention complaint. It cancels the misdemeanor report . It exempts the.
In terms of the merits the court notes that the contravention report Congo Email List was drawn up on .. while the contravention was committed and exhausted on .. aspects that lead to the conclusion that no finding was made direct and immediate detection of the fact by the ascertaining agent through his own senses so that the contravention report itself does not benefit from the presumption of veracity attributed exclusively to the situation of ascertaining the fact by the ascertaining agent ex propriis sensibus.
The respondent did not produce evidence in support of the factual elements recorded in the contravention report i.e. photographs or documents from which the factual elements that make up the constitutive content of the contravention act can be obtained so the court cannot hold it as proven and therefore as true the claim regarding the place of commission of the contraventional act the material element of the objective side of the contraventional act of the resulting consequence and the direct causal link between the illegal act and the dangerous social consequence created. Accept the contravention complaint. It cancels the misdemeanor report . It exempts the.