You can implement contravention court proceedings if you disagree with a contravention penalty given to you a by a state institution. You may also be summoned to court if you are charged with a contravention which has to be considered directly by the court.
Charge
If you are charged with a contravention, you have been charged with a violation of the law, but your offence is not serious enough to be considered criminal.
example For example, the police may have charged you with speeding or the Environmental Protection Inspectorate may have charged you with minor unlawful cutting of trees.
Your case will be examined in contravention proceedings, which is similar to a criminal trial. A contravention differs from a criminal offense in that the violation is considered less serious.
Challenge or summons to court
There are two situations which may involve you in court contravention proceedings:
1. Where you wish to challenge a contravention penalty
If you disagree with a contravention penalty imposed on you by a state institution (the public agent or the prosecutor), you may challenge this decision in court within 15 days.
2. Where you are summoned to court
Some contraventions have to be examined directly by the court. In such a situation, the state institution takes your case to the court. In turn, the court will invite you to take part in the trial. If, after the trial, you disagree with the outcome and you would like to appeal the decision of the court, you can do so in a higher court. Read more about appeals.
Right to a fair trial
The fundamental rights and guarantees you have in contravention proceedings are called the right to a fair trial.
There are a number of essential fair trial guarantees that apply to contravention proceedings in the same way as they do to a criminal trial. These guarantees include the equality of both parties to the case (you and the state institution), the right to a defence and the right to submit evidence. However, some guarantees may be applied less strictly than in a criminal case. The standard applicable to each case will depend on the gravity of the offence and the penalty that can be imposed.
example Cases where the provided fine is under 300 conventional units would, as a general rule, be examined in written procedure without a hearing involving the parties. Thus, if you are charged with smoking in a prohibited public place and request an oral hearing in the first instance court or in the court of appeal, the court will be given more freedom to decide whether such a hearing is necessary as compared to such a need when examining a charge of drunk driving.
About this Guide
This Guide will only explain what guarantees you have when your case is examined on appeal by the court.
Learn more about the rights and duties which guarantee you a fair trial and how to complain where you think your rights have been violated.