Constitutional Court pronounces over period during which only half of fine can be paid

Parliament should make changes to the Contravention Code so that the period of 72 hours during which only half of the fine imposed on someone can be paid starts when the fined persons is informed about the penalty. The Constitutional Court decided so, ruling that the expression “from the moment the fine is set” is unconstitutional as when the decision to impose the fine is adopted in the absence of the fined person and is communicated with delay, the person’s right to pay half of the imposed fine becomes illusory in character, IPN reports.

The Court held that if the copy of the report on the violation is delivered by mail, the challenged legal measure - “from the moment the fine is set” – the period of 72 hours for paying half of the fine can diminish significantly or can even expire. Consequently, this legal measure does not achieve its goal.

The Court decided that three is unjustified discrimination between the persons who can pay half of the fine if they receive the copy of the report on the violation on time and those that get it with delay and cannot exercise their right to pay half of the fine.

The Court ruled that until Parliament amends the law, the period of 72 hours during which half of the imposed fine can be paid will start when the person is familiarized with the document concerning the imposition of the fine. The judgment is definitive and cannot be challenged. It took effect when it was passed, which is on April 26.

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