Misdemeanor proceedings in Serbia: How to protect your rights and avoid high fines
When citizens or legal faces get call from Misdemeanor court , first reaction is often underestimation situations . For difference from criminal proceedings , misdemeanor procedure is not infrequently experiences like " less" important " or clean administrative problem . However , this is dangerous misconception .
Misdemeanors punishments for individuals I can to be exceptionally high , including a fine prison , while is for companies and responsible persons in companies punishments they are moving to a few hundred thousand or million dinars . In addition monetary expenditure , outcome misdemeanor procedure can bring penalties points , deduction driver's license permits , as well as protective measures prohibitions performing certain activities which I can seriously endanger yours business .
In this to the text in detail we explain how misdemeanor procedure works , which are most often mistakes and how adequate legal defense can to make difference between liberating judgments and draconian punishments .
Most common occasions for startup misdemeanor procedure
Violation represents injury public order which is established by law or other by regulation . In practice , misdemeanor procedures is most often launched in the following spheres :
Traffic violations : Driving floor by effect alcohol or psychoactive substances , excess speed , passing through red light , challenge traffic accidents .
Economic and financial violations : Work failures companies ( entrepreneurs and limited liability companies ), non-issuance fiscal account , violation Labor Law , Tax Law violations , delays in delivery report .
Public peace and order : Arguments , fights , noise in restaurants objects or residential buildings , insults official faces .
Customs and foreign exchange violations : Failure to report entries or amount finished of money ( over 10,000 euros ) on border transition , irregularities at customs clearance goods .
How is starts misdemeanor procedure and what is Misdemeanors order ?
Procedure is before competent misdemeanor by court starts on two ways :
1. Issuance misdemeanor order
If authorized authority ( eg traffic police ) police or inspection ) determines violation for which is prescribed fixed monetary punishment , face is betrays Misdemeanors order .
Golden rule halves punishments : If you accept responsibility and pay half uttered fines within the deadline from 8 days , you are free. is payments others halves and procedure is finished .
However , what if you are not guilty ? If you consider yes you are not committed violation , no way don't to pay fine ( payment) is considers by recognition guilt ). Within from 8 days you have to to submit request for judicial decision-making competent misdemeanor to the court . If miss this one deadline , order becomes valid and going directly on forced payment .
2. Request for startup misdemeanor procedure
For harder violations , where punishment not fixed already is prescribed in the range ( or is foreseen punishment prison ), authorized organ submits Request for startup procedure court . In this case you get call for hearing before misdemeanor judge .
Key phases procedure and importance first defense
Once when procedure begins , yours position depends from strategies defense . Procedure is mostly consists of from the following steps :
Hearing the defendant : This is the most important moment . All what declare enters the record and directly affects on decision judges . You have legally right yes is defend alone or with help professional defense counsel ( advocate ). Also , you have right yes is defend by silence .
Execution evidence : Judge examines witnesses ( often police officers or inspectors which are submitted application ), performs insight into video footage , radar footage records or financial documentation .
Adoption verdicts : Court can bring liberating verdict , pronounce you I blame and pronounce punishment , or to say warning if there are facilitating circumstances .
Obsolescence misdemeanor prosecution
In the misdemeanor right deadlines obsolescence are relatively short in comparison with criminal by works . Starting and running procedure expires within the time limit from one years from day when is violation learning ( relative) obsolescence ). However , each process work competent court interrupt this one deadline . Absolute obsolescence appears in every case when expires double time which is by law looking for for obsolescence prosecution - that is, in the largest number cases after two year .
Note : For certain specific areas , such as customs , tax or ecological regulations , law are prescribed longer deadlines obsolescence .
Most often mistakes which defendant make (and how) them avoid )
Ignoring calls court : Avoidance reception calls no postpones endless proceedings . Court can to order yours bringing with help police or bring verdict without yours hearings if estimate yes intentionally you avoid court .
Recklessly recognition guilt on first hearing : Often defendant they think yes will faster to finish procedure if immediately everything admit , no understanding yes with money punishment automatically they also receive accompanying measures ( eg . several months) ban management by vehicle which them is necessary for job ).
Non-delivery evidence on time : All evidence which to you are in support ( witnesses , accounts , written traces , medical documentation ) required is propose and submit immediately on at the beginning procedure .
Lawyer office Miković - Bosilj Pancevo - Yours defense before misdemeanor courts
Although misdemeanor procedure works less formally , rules evidentiary and procedural traps are very serious . Successful defense requires knowledge material regulations , but also finding formal deficiencies in applications authorized organs ( such as improperly calibrated radar , irregular composed inspection report supervision or injury rights on defense ).
Lawyer office Miković - Basil from Pancevo provides complete legal services in the area misdemeanor rights :
Representation physical and legal faces before Misdemeanor court in Pancevo , Belgrade and others cities .
Analysis misdemeanors order and timely submission requires for judicial decision-making .
Assembling written defense , proposal evidence and examination witness .
Writing complaints Misdemeanor appellate to court against first-degree condemnatory verdict .
On time inclusion lawyer in the process can drastically reduce punishment , replace is admonition or to bring to complete liberating judgments . If you are received call misdemeanor court or misdemeanor order , don't take a risk – Contact us on time how we would provided the best possible defense for Yours case .