When the police has imposed a punishment for a misdemeanour

Both a court and a body conducting extrajudicial proceedings (e.g., the police) have the right to punish for misdemeanours. The police can only order a fine as a punishment for a misdemeanour; the police do not have the right to order detention.

The police have the right to punish a person for a misdemeanour either in a warning procedure, an expedited procedure or a general procedure. The police have to prepare procedural documents (a report and a decision), which are the basis for appealing the decision.

A warning procedure is applied in case of an insignificant misdemeanour. Instead of a punishment (fine), a person will receive an oral warning (a warning decision is not prepared) or a warning fine is imposed – 3–15 euros for a natural person and 15-60 euros for a legal person. The maximum level of a warning fine in a written warning procedure is 190 euros. The warning fine must be paid to a bank in full within 7 days of the receipt of the decision; otherwise the police will resume the proceeding.

The police will apply an expedited procedure when the circumstances of the misdemeanour are clear and the person subject to proceedings (who has to be at least 18 years old) agrees to it. In an expedited procedure, the police cannot impose a fine exceeding 100 fine units (1 fine unit is 4 euros). The fine must be paid within 15 days since the receipt of the decision.

A general procedure, unlike warning and expedited procedures, will not take place on the site of committing the misdemeanour. The person subject to proceedings will be sent a notice to appear before the body performing extrajudicial proceedings (a police prefecture). In a general procedure, it will be decided whether the misdemeanour procedure will be terminated or a fine imposed on the person. The fine must be paid to a bank in full within 15 days of the day when the decision was available at the body conducting the proceedings (a prefecture). The decision on a fine will be enforced if the person has not paid the fine in full within 15 days or appealed the decision.

Appealing the decision

A person subject to proceedings has the right to appeal the decision made by a body performing extrajudicial proceedings pursuant to the procedure prescribed by the Code of Misdemeanour Procedures. A person subject to proceedings also has the right to file a complaint on the actions of the police (a body performing extrajudicial proceedings) to the manager of the body (a police prefecture). The complaint to the manager may only comprise the actions, not the decision. The manager has to resolve the complaint within five days. If the person is not satisfied with the decision made by the manager, he has the right to appeal to a county court.

A person subject to proceedings has the right to file a complaint regarding expedited and general procedures within 15 days of (respectively) the receipt or availability of the decision. The appeal will be heard by the court house in whose territory of jurisdiction the police concluded the procedure and made the decision. The court will hear the misdemeanour in full, notwithstanding the limits of the appeal, scrutinising the circumstances of the decision.

A person has the right to appeal a county court ruling in a circuit court (an appeal) and the circuit court ruling in the Supreme Court (an appeal in cassation).

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Compiled by: Police and Border Guard Board