Before you can appeal a state institution’s decision in administrative offences proceedings to the court, you must first follow the regular complaints procedure.
Initial decision in an expedited procedure
Your case was examined by a state institution which is responsible for the type of violation you are charged with. If you were found guilty, the state institution would have issued a decision and imposed a penalty.
Against an individual person, the smallest penalty applicable is a warning; the heaviest penalty is a fine in the amount of 5.000 EUR.
Complaint to the same state institution
In some cases that are prescribed by the law, , you must first appeal to the same institution, if you disagree with its decision. You must follow the complaints procedure and time limits mentioned in the decision.
Request for judicial protection
In most cases, if you disagree with the decision of a state institution, you must file a request for a judicial protection before a court in administrative offences proceedings.
example If you are charged with a violation of traffic regulations, your case will initially be examined by the police who may decide to give you a fine. If you do not agree with the fine, you can ask for judicial protection in court. The decision by the police must indicate, in writing, where and how much time you have to appeal.
Regular judicial procedure for administrative offences
Where the state institution is not competent to issue an offence decision, it simply collects the evidence and decides whether to bring a charge in court. In these cases, the court decides on liability for the offence.
Appeal to a higher court
If you disagree with the court’s decision, you can appeal to a higher court. You must follow the complaints procedure and time limits mentioned in the decision.