Please note that the article is more than five years old and belongs to our archive. We do not update the content of the archives, so it may be necessary to consult newer sources.
/nginx/o/2010/12/28/490215t1hde02.jpg)
The new Code of Misdemeanour Procedure, put forward for co-ordination yesterday, will bring several significant changes. For instance: oral warning, which had to be formalised in writing anyway, will be done away with; deadline for voluntary payment of fines will be prolonged to 90 days.
«Oral warning, the way it stands now, will disappear,» confirmed Minister of Justice Hanno Pevkur, explaining that the current oral warnings require written minutes. Namely, with minor misdemeanours, enforcement officers have the right to consider the option of not initiate proceedings and only issue an oral warning.
«It will be allowed [for police officers] to determine whether the misdemeanour was minor or major,» said Kati Maitse-Pärkna, head of penal power and proceedings department at Ministry of Justice. «A misdemeanour is not minor, if damage has been caused or if proceedings are initiated upon notices by citizens referring to damage caused.»
According to her, the aim of the amendment is prevention and call to order without a penalty. Thereby, resources would be freed up for quality proceedings of more severe and significant misdemeanours.
Basis for termination of misdemeanour proceedings will be adjusted. Thus, it may be judged prudent to terminate misdemeanour proceedings if the guilt is minor and there, or if any damage caused has been voluntarily compensated.
«As a new point to consider, participation by persons under proceedings in social programmes will be included,» said Ms Maitse-Pärkna. «The target group being those committing misdemeanours due to [substance] addictions.»
Expedited procedure options
An option is added to renew proceedings. If, for instance, a person will quit a social programme early, procedures may be initiated again.
Of unlawful acts by minors up to 14 years of age, child protection officials of social services departments at local governments will be notified.
According to Ms Maitse-Pärkna, such materials almost always go juvenile committee, for judgements. «The goal being early intervention and detection, to direct minors towards law-abiding ways; involving the family and parents, if needed,» she said.
«Currently, warning, written warning, expedited procedure and general procedure may be applied,» said Ms Maitse-Pärkna in explanation of current law. «Fines resulting from warnings, both oral and written, are not penalties by nature; rather, it is notifying people of their misdemeanours.»
According to Ms Maitse-Pärkna, warnings procedures will be cancelled. Oral warning will provide the alternative. Written warnings will, however, be used in some cases – like speeding or faulty parking.
Pursuant to current law, expedited proceedings can be applied when penalties up to 100 fine units are imposed upon physical persons, and fines up to €1,300 to legal persons,
Pursuant to new law, the limits would be 200 units and €13,000, respectively. However, expedited proceedings would not be allowed with misdemeanour cases with need of arrest or additional penalties – like deprivation of right to drive.
Option of arrest of assets
Expedited proceedings will also be allowed with minors, legal representatives of minors may be involved therein. The goal being providing faster proceedings with minors with uncomplicated and obvious matters. For example. Expedited proceedings may be used to penalise a minor for smoking.
In misdemeanour proceedings, as allowed by court, the option of arresting assets is provided, ensuring confiscation thereof. For instance: to best impact a consistent offender of traffic rules, the most effective means to make him/her more obedient is confiscating the means of transport (car etc).
General procedure is to become faster, as the general time limits do not have to be kept in all cases i.e. the judgement may be passed sooner that 30 days from reception of minutes. If so desired, the persons under procedures shall be notified of judgements by telephone, e-mail or home address.
Up to now, people have often learned about judgements, related to them, via bailiffs – with such a long time having elapsed that the decisions have been forwarded to the latter.
New rules with fines
• Current law says fines are to be paid within 15 days, irrespective of amount. The draft offers more flexibility with payments.
• Deadline of voluntary payment of fines shall depend of the size thereof: fines up to 100 units are to be paid fully, to bank, within 30 days; fines of 101–200 units, within 60 days; fines of 201–300 units, in 90 days.
• Option to pay fine by instalments will remain, to be determined by bodies conducting extra- judicial proceedings.
Source: Ministry of Justice