Describing the offence in an administrative penalty order

Article 57(1), points 5 and 6, of the Administrative Offences and Penalties Act requires a penalty order to identify the specific offence. It must give a full factual description, the date, place and circumstances of commission and the statutory provisions breached. These details tell the person concerned precisely what is alleged, so they can prepare a defence. The provisions identified by the administrative sanctioning authority in the reasons for its order must therefore correspond to the factual description. Otherwise it is unclear why the person is being penalised: for the facts stated in the order, which involve mandatory provisions the authority has neither identified nor cited, or for breaches of the provisions cited, which do not match the facts. It is true that the defence answers the facts alleged. The person may dispute whether they occurred or how the authority understood them, and may rely on further circumstances relating to those facts which were not mentioned in the order. This does not release the authority from its statutory duty to specify the facts and legal classification sufficiently when issuing the order. Under Article 42, point 5, the official drawing up the infringement report has a corresponding duty.

A penalty order may be challenged before the competent district court by lodging an appeal through the issuing authority. It is advisable to engage a lawyer to prepare the appeal and identify breaches of substantive law and procedural rules. This article is not a legal opinion or advice on any particular situation or person. For help with an individual case, consult a lawyer practising administrative law.