The procedure for appealing against a criminal decree is regulated by the Criminal Procedure Code and the provisions of the Code of Criminal Procedure apply to the issues not regulated therein. If you are served with a penalty notice, you can contact an administrative law solicitor to advise you and help you with your appeal.
How do I appeal against a penalty notice?
A penal decree may be appealed in court by the person who has suffered the administrative offence. The complaint initiates a case in which judicial review is exercised.
For an appeal to be lodged, there must be defects in the penalty order. Vices can be:
● unlawfulness of a penalty decision – where the substantive law has been violated or substantive violations of procedural law have been committed;
● unfairness of the penalty imposed – when the penalty is excessive and does not fit the offence.
For example, a penalty decision may be appealed where the act did not constitute an administrative offence at the time it was committed. Either the issued penal decree does not correspond to the composition of the legal norm on which it was issued. There are cases where the rights of the defence have been violated, leading to the vitiation of the penalty order. E.g.: the offender has not received a copy of the ASA or has not been given the opportunity to explain or object.
The offender shall have the right to object in writing within three days from the date of service of the administrative offence report, if he has not done so when the report was drawn up. Evidence excluding guilt may also be submitted within the same time limit.
The time limit for appealing against a penal decree is 7 days and runs from the service of the act. The decision of the relevant court on appeal may be appealed within 14 days of service of the notice.
NB: An appeal against an electronic ticket must be made within 14 days.
The parties to the proceedings are the appellant and the issuing authority. The parties may be represented by counsel.
In the event that the Court upholds the appellant’s claim, the costs incurred by the appellant shall be reimbursed by the administrative authority.
Time limit for establishing infringements
Proceedings shall not be initiated and those already initiated shall be discontinued if the AAT and the administrative punishment proceedings do not take place within 3 months from the discovery of the offender, but not later than 1 year from the commission of the offence. If no penalty order is issued within 6 months of the issuance of the ASA, the proceedings shall be terminated.
If you have been served with a penalty notice that you wish to appeal, you may wish to contact a good solicitor. Our lawyers have a solid practice in criminal appeals and will provide you with professional treatment and timely defense.