Communicated on 11 July 2014

THIRD SECTION

Application no. 2071/14
Sergiu Dan FRUJA against Romania
lodged on 31 December 2013

STATEMENT OF FACTS

The applicant, Mr Sergiu Dan Fruja, is a Romanian national, who was born in 1988 and lives in Deva. He is represented before the Court by Mr A.F. Stoica, a lawyer practising in Timișoara.

A. The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 30 June 2012, at approximately 3.25 a.m., while the applicant was driving his car, a police patrol stopped the car for control. The applicant was invited to undergo a drug test. As he had tested positive for cannabis, the police officers accompanied him to the hospital for an examination of his blood and urine. A content of 5 ng/ml of cannabis was detected in his blood.

A criminal investigation was initiated against the applicant for driving under the influence of illicit drugs.

On 30 October 2012 the prosecutor’s office attached to Timișoara District Court decided to discontinue the criminal proceedings against the applicant. It held that the acts committed by the applicant did not attain the gravity of a criminal offence and sentenced him to a fine of 400 Romanian lei (ROL) (the equivalent of approximately 100 euros). The applicant alleged that he had paid the fine imposed by the prosecutor on 16 November 2012.

The prosecutor’s decision was not challenged within twenty days as provided for by the Criminal Code of Procedure.

On 14 June 2013 the applicant was informed that on 30 January 2013 the decision of 30 October 2012 had been invalidated and the criminal proceedings against him in connection with the offence of driving a vehicle under the influence of illicit drugs, had been re-o