An appeal against a penalty decision is a legal possibility through which you can protect your rights against unlawful or unjustified administrative sanctions. It is important to be aware of the appeal process and the key points that can affect the final outcome.
The act establishing the infringement shall be the basis for the penalty decision
The penalty order does not arise independently – it is issued on the basis of an administrative offence certificate (AOC). This act contains a description of the alleged infringement, the evidence thereof and the explanations of the offender (if any). If the act is incorrectly drawn up or contains material omissions, this may be grounds for annulment of the decree itself.
The appeal period is 14 days
If you disagree with the sanction imposed, you have the right to lodge a complaint under the CPA within the prescribed time limit. You must appeal against the penalty decision within 14 days of receipt. This means that from the moment you are notified of the penalty, you have two weeks to lodge an appeal with the relevant court. It is important that you comply with the statutory time limit for appealing against a penalty notice so that you do not lose your right of defence.
Getting the complaint right is key
An appeal against a penalty decision must contain specific legal arguments and evidence that refute the allegations in the act. It is important to point out any factual and legal inconsistencies that may lead to the annulment of the decree. Errors in the drafting of the complaint can lead to its dismissal, so professional assistance from a lawyer is essential.
Material and procedural irregularities – grounds for annulment
The penalty decision may be annulled if the sanctioning authority has committed material or procedural irregularities. Material infringements consist in an incorrect interpretation of the law or an incorrect classification of the act as an infringement. Procedural infringements may include failure to inform the person of the infringement, lack of evidence or incorrect service of the decree. The court has the power to annul the decree if it finds such irregularities.
The court shall consider all evidence
On appeal against the decree, the court not only examines the formal legality of the act, but also assesses all the evidence gathered. This means that if you have documents, witness testimony or other evidence that challenges the legality of the sanction, it must be submitted in a timely manner.
Suspension of execution is possible
When an appeal is lodged against a criminal ruling, the appeal automatically suspends its execution. This means that until the court has ruled, you are not obliged to pay the fine or comply with any other sanctions. This enables you to protect your rights without suffering immediate financial or administrative consequences.
Lawyer’s experience can be crucial
AtConcordia Law Firm, we have extensive experience in appealing criminal rulings. Our team has successfully won a number of cases resulting in the overturning of unlawful sanctions, including against the Consumer Protection Commission, the National Revenue Agency (NRA) and the Traffic Police.
If you would like an attorney to defend you against a criminal citation, do not hesitate to contact us. Concordia attorneys are available for consultation and full assistance in appealing administrative penalties. Contact us at +359 878583010, e-mail: law.concordia@gmail.com or via our contact form.
