Dismissal of acts and penalties!

 

In my younger years, I was in the ranks of the slightly more dynamic drivers (those that grandmothers call "contestants"). It happened to take a more risky maneuver or exceed the allowed speed on the road. Some of these my trafficking violations have been caught up in a couple of times - they've been fed to me several times, and my law enforcement has been a few acts. Whether I have paid all the fines and I do not remember, but yesterday I received a fine for a violation of 2006. Since then, I have been questioning, "Is this time?"

 

What is prescription?

No, it is not a "panacea" for all violations. The limitation of administrative violations is, generally speaking, the expiration of a lawful period during which the body which must impose administrative punishment and execute idle action, thereby extinguishing its right to do so, and for me the right to he referred to this inaction in my favor.

 

Limitation period for imposing administrative punishment

In order for me to be imposed an administrative penalty, I must first go through a certain procedure. This procedure is referred to as administrative criminal proceedings and starts with the act of establishing the offense committed by me (AEAV), for example at the moment when a uncle policeman jumps out of the bushes, asks, whereabouts, I have stepped up at that speed and pulled out pocket, and ends with the issuing of a penalty decree, which imposes a certain penalty, for example a fine.

 

However, this procedure is not initiated, or there will be no way to punish me if, for one reason or another, within a certain period of time from my identification as an offender / committing the offense on my part, no act is drawn to me. This period is usually 3 months from the date when the offender was found, but no more than one year after the violation was committed. In certain cases, in case of currency, customs, tax, environmental violations, violations of the Electoral Code, the deadlines are longer.

 

Apart from the above, if, within six months of drafting the act, no penalty is given to me, the proceeding is terminated, which means that it is time-barred that I may be penalized for the offense I have committed.

Dismissal of acts and penalties

 

There is already a punitive decree which has entered into force and which has been the subject of an administrative penalty. He wonders when will I be punished? Because time passes, nobody hooks me, and I sit on thorns and wait. The law establishes deadlines in which my punishment can be enforced. They are different for individual punishments:

 

two years when my punishment is fine;

six months when the punishment imposed is a temporary deprivation of the right to pursue a particular profession or activity;

three months when my punishment is a public reprimand.

These deadlines are interrupted by any action taken against me to execute the punishment. Upon completion of this action, a new limitation period begins. Nevertheless, the administrative penalty imposed on me is not executed if an expiry date exceeds one second execution time, that is, if a fine has been imposed, the period of execution of which is two years from the entry into force of the penal decree, and in addition to these two years, another expires, that is, three in total since the decree entered into force, then the punishment imposed should not be enforced. However, this does not apply if an enforcement action against me has been instituted against me for the enforcement of the fine.

 

What should I do if the act / decree has been dropped and still "looking for" me ?!

The limitation period does not apply ex officio. This means that I need to refer to it. Therefore, if I get a "happy", I will have to apply to the authority that issued the act to refer to the enforced statute, leading to the denial of the right to a penalty order or the penalty imposed by the penalty decree to be fulfilled.

 

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contraction

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