The position of petty offence perpetrators receiving penalty notices : drafted amendments : analysis in the prism of the pro-constitutional interpretation of the law of petty offenses as an instrument of human rights protection

Abstract

PURPOSE: The drafted amendments to the Act – the Code of Petty Offences Procedure conflict with national and international law by radically transforming the model of petty offences procedure and considerably worsening the position of perpetrators receiving penalty notices have many far-reaching consequences as regards to the constitutional order and the human rights protection. The purpose of this article is to present the issue of the drafted amendments that repeal one’s right to refuse to accept the penalty notice and require that the fined person pay the fine immediately before a final decision is adopted.

DESIGN/METHODOLOGY/APPROACH: In this article, we take note that the amendments completely shift the burden of initiating legal proceedings onto the fined person and, in the case of their appeal, they introduce several procedural limitations excluding the prohibition of reformationis in pius, which are intended to effectively discourage the fined person from appealing.

FINDINGS: This thesis is corroborated by the statement of reasons to the drafted amendments. It clearly indicates that the changes primarily stem from the need to relieve officers of filing many motions for penalty and to reduce the number of petty offence cases submitted to courts.

PRACTICAL IMPLICATIONS: The appropriate standard of the pro-constitutional interpretation of the law of petty offenses could be seen an instrument of human rights protection.

ORIGINALITY/VALUE: The article is based on a legal analysis indicating the formal and interpretative weaknesses of the amendments.