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The Law On The Procedure For The Violation Penalty

Original Language Title: Laki rikesakkomenettelystä

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Law on the infringement procedure

See the copyright notice Conditions of use .

This law has been repealed by L 27.8.2010/754 Which shall enter into force at the time of the adoption of the law.

In accordance with the decision of the Parliament, which has been adopted in accordance with Article 67 of the Statutes,:

CHAPTER 1

General provisions

ARTICLE 1 (30.04.1999/552)

Under the procedure under this law (infringement procedure) May be imposed as a penalty for a breach of criminal law (39/1889) in Chapter 2a of Chapter 2a And the Regulation adopted pursuant to it is defined as a violation of the code of conduct.

ARTICLES 2 TO 3

Articles 2 to 3 have been repealed by L 30.4.1999/552 .

§ 4

The offence does not apply to a young person, a young offender, a conditional sentence or a penalty measure. In addition, it does not allow for conditional release or the conversion of a fine to imprisonment.

In addition, in the case of infringements of the General Ombudsman, the challenge for certain officials or the sentencing or punishment of certain officials, in some cases, is not applicable. The storage of documents relating to the offence shall be laid down separately. (20.12.1985/1048)

§ 5

The right of a police officer to comment or not to file a complaint against the offender and the right of the public prosecutor not to prosecute is in force, which is expressly provided for.

CHAPTER 2

Determination of the offence

ARTICLE 6 (30.04.1999/552)

The offence shall be provided by issuing an infringement order to the offender. The order shall include personal data relating to the offender, the time and place of the offence, the nature of the offence, the amount of the offence and the elements on which the order is based. The code of infringement shall be signed by the author.

The employer of the offence order shall inform the suspected person of the offence if the infringement cannot be Article 10 of Chapter 2a of the Criminal Code, As a result of the application of paragraph 2, a fine shall be imposed.

Before the infringement is issued, the suspected infringement shall be heard.

The offence shall include instructions on how the person concerned should proceed if he wishes to refer the infringement to the Court of Justice. The order shall be accompanied by an entry card for payment of the offence.

§ 7

In the case of a criminal act, the (805/2011) in Chapter 11 of Chapter 11 Referred to in Article 2 (1) of the Directive, in order to determine the conditions necessary for the imposition of the offence only. The provisions of Chapter 4, Chapter 4, and Articles 13 and 16 of that law shall then be provided. (17/10/2015)

If the suspected infringement contests the offence, a preliminary investigation shall be carried out to the extent considered by the author of the offence.

§ 8 (11.07.1997/6)

The infringement order shall be served on the offender immediately or, unless it is possible, as In Chapter 11 of the Court of Justice Provides for service in criminal matters.

Notwithstanding the provisions of paragraph 1, the infringement order may be sent to the person responsible for the offence by post or to the address indicated in the vehicle registration register in the case of an engine-driven A traffic offence committed on the vehicle, to which the identity of the guilty party has been immediately ascertained. The offence shall then be sent without delay and no later than two weeks after the date of the infringement. The person concerned shall be deemed to have received an infringement order on the seventh day after it has been delivered for carriage. The infringement order shall be marked on the date on which it is delivered. (20.1.2006/59)

§ 9

The offence shall be paid within two weeks of the notification of the offence.

ARTICLE 10

The offence shall lapse unless it has been notified within one year of the date of the infringement. (20.1.2006/59)

The breach of the offence of the same offence shall not be subject to a penalty or prosecution.

ARTICLE 11

The chief of police precinct oversees the issue of the violation of the regulations. He shall remove the infringement order and inform the public prosecutor of the offence in the event of a breach of the offence of which the penalty is not sufficient.

The head of the police district shall also remove an infringement order if it is not an offence within the meaning of this law or the offence is otherwise unfounded.

In cases other than those referred to in paragraphs 1 and 2, the Head of the Police District shall forward the offences to be implemented.

ARTICLE 12

The person assigned to the offence shall be entitled to refer the matter to the General Court. In order to do so, he must notify the Court of Justice of the Court of First Instance in the course of a week's notice of the infringement. The notifier shall issue an infringement order to the office and indicate its postal address.

The notification referred to in paragraph 1 shall be sent by mail or via a transmitter.

ARTICLE 13

Where the case has been referred to the Court of First Instance as provided for in Article 12, the notifier shall be informed without delay of the time and place of the hearing and the consequences of his absence. If the notification is made by post or via a transmitter, the above information shall be sent to the postal address indicated without delay.

The court shall inform the public prosecutor.

Chapter 2a (20.1.2006/59)

Procedure for determining the violation of the vehicle without stopping the traffic offences detected

Article 13a (20.1.2006/59)

The provisions of this Chapter may be applied to the handling of a criminal offence committed on an engine-driven vehicle which has been detected in automatic traffic control or otherwise without stopping the vehicle:

(1) maximum speed exceeding 20 km per hour; or

(2) traffic signals contraband in a bus or tram lane.

Article 13b (20.1.2006/59)

The procedure starts in such a way that the infringement order is issued to the driver of the vehicle used for the offence without ascertaining to the natural person who, during the period of the offence, was the owner, holder, of the vehicle used in the register of the vehicle used in the offence. Or temporary user.

Infringement order shall be issued in the (1090/2002) In accordance with paragraph 23, if, having regard to all aspects of the infringement, it may be considered that he has carried a used car during the course of the infringement. Otherwise, the user shall inquire as to who was carrying the car.

A separate list shall be kept within the framework of the police, indicating the date on which the letter of enquiry addressed to the service responsible has been issued for the carriage of the post or the enquiry referred to in paragraph 2. If the user is not responsible within two weeks of the enquiry, the further processing of the case shall be governed by the provisions of Chapters 2, 3 and 4.

Article 13c (20.1.2006/59)

That's a violation of the law of law enforcement. The offence order shall be given in writing and signed by the donor. The offence order may also be signed mechanically.

In the case of an infringement order:

(1) personal data obtained from the offence order;

(2) the time and place of the offence, the nature of the offence and the applicable law;

3) the amount of the offence and the date by which the offence is to be paid;

(4) a description of any other sanctions, such as a driving ban, for the infringement of the infringement order; and

5) a description of how to deal with the infringement and how it will be dealt with.

Article 13d (20.1.2006/59)

A letter of infringement shall be sent to the beneficiary of the offence order at the address shown in the vehicle registration register. The offence order shall be sent without delay and no later than two weeks after the date of the infringement. However, in the case of an infringement of the identity of the offence referred to in Article 13b (2), the amount of the offence committed may be sent within two weeks of receipt of such information. The person concerned shall be deemed to have been informed on the seventh day after the order has been issued for carriage. The date of issue of the order shall be the date on which it was delivered.

Article 13e (20.1.2006/59)

The offence shall be paid within 30 days of the notification of the offence, unless the infringement has received any objection.

Article 13f (20.1.2006/59)

If the person who has received the offence is not guilty of any infringement within the meaning of the breach order, or if he considers it to be unjustified in any other way, he shall object to the amount of the offence he receives. You don't have to justify your objection.

Any objection shall be notified within 30 days of notification of the infringement order to the office of the police department in which the offence was committed. The offence notification shall be accompanied by an infringement order. Any objection may be made using a form drawn up for this purpose.

The notification shall also be transmitted to the police by means of mail, fax or transmitter.

Article 13g (20.1.2006/59)

Article 11 (1) and (2) and Chapter 4 of Chapter 4 shall apply to the offence referred to in the procedure under this Chapter.

The infringement procedure provided for in this Chapter shall not be referred to the District Court as provided for in Article 12.

Article 13h (20.1.2006/59)

The Head of the Police District will submit an enforcement order which has not been resisted or removed.

The chief of the police department is going to remove a violation of the code that has been resisted. In such cases, the procedure under this Chapter shall lapse and the procedure for further proceedings shall be in force, as provided for in Chapters 2, 3 and 4, subject to paragraph 3.

Following the rejection of the infringement order, a new violation of the same offence may be sent to the person responsible for the offence by mail to the address of the person concerned, if the identity of the person concerned has been determined An acknowledgement that there is no reason to doubt. The person concerned shall be deemed to have received an infringement order on the seventh day after it has been delivered for carriage. The infringement order shall be marked on the date on which it is delivered.

Article 13i (20.1.2006/59)

For those who have not been able to object within the time limit of the offence notified in accordance with Article 13d, a lost time limit shall be repaid. The application for repayment of the lost time shall state the reason for the failure to object within the prescribed period, and the application must be made to the district court of the place in which the offence was committed in the territory of the District Court, Within nine months of the date of the infringement. The application shall be accompanied by an infringement order or a request for payment.

Article 13j (20.1.2006/59)

In the event of a minor infringement within the meaning of Article 13a (1) or (2), the owner, the holder or the ad hoc operator entered in the register of the vehicle used in the offence may not be subject to any other Written note. The note shall be issued by the police officer and shall be sent to the address in the vehicle register of the person receiving the note.

CHAPTER 3

Processing in court of law

ARTICLE 14

Infringement proceedings are dealt with in the general court of jurisdiction whose jurisdiction has been infringed. The proceedings shall comply with the provisions in force in criminal proceedings, unless otherwise provided for in this Act.

Infringement proceedings are dealt with by a legal Judge of the Court of Justice (Magistrate) .

The subcourt hearing may be held at any other time and in a place other than that provided for in the General Court.

§ 15

The public prosecutor should be present when dealing with criminal matters. For these matters, the Deputy Prosecutor may be appointed in the order in which the penal code is laid down.

If the prosecutor considers that the offence on which the offence is based is to be condemned in the form of a sanction other than a criminal offence, he must take action to prosecute.

In the case referred to in paragraph 2, the prosecution shall inform the judge of its decision to prosecute the offender and the beneficiary of the offence. The offence referred to in Article 13 shall be withdrawn by a judge judge and shall inform the beneficiary of the infringement.

ARTICLE 16

If the infringement order is to be considered appropriate, the suspected infringement shall be condemned in the event of a violation of the offence under the law of infringement brought before the Court.

In the case of a criminal offence, the suspect may be convicted of a violation of the amount of the offence, in the case of a minor offence, if the offence is deemed necessary by the offender.

A criminal judge may, without prejudice to the offence, dismiss the offender under the same conditions as Article 12 of Chapter 6 of the Penal Code Provides. (13.6.2003/536)

The infringement order shall be removed if the underlying act is not: Article 9 of Chapter 2a of the Criminal Code Or if the order is otherwise unfounded. (30.04.1999/552)

§ 17

The offence referred to in Article 14 may be dealt with and resolved in spite of the absence of the suspect.

In the case of infringements of the law, the decision shall not be subject to appeal by means of an appeal.

CHAPTER 4

Miscellareous provisions

ARTICLE 18 (30.04.1999/552)

The implementation of the infringement order shall be valid for the enforcement of the judgment and the imposition of fines. However, the provisions on conversion shall not apply to the implementation of the offence.

§ 19

Where the offence has been paid, even if the infringement order has been removed, or the amount of the offence has been reduced, the authority shall be repaid by an unjustified or excessive amount of the offence.

§ 20 (30.04.1999/552)

§ 20 has been repealed by L 30.4.1999/552 .

ARTICLE 21

The limitation of the implementation of the offence shall be valid for the purposes of the limitation of the enforcement of the sentenced fine.

§ 22

The law provided for by this law for the police officer or the chief of police officers shall apply mutatis mutandis to the officer carrying out the supervision provided for in the other law and to his superior.

Under the terms of the Statute of the Police District, the law of the District Commissioner may be transferred to another officer of the police department.

ARTICLE 23

More detailed provisions on the implementation and application of this law shall be adopted by the Regulation.

§ 24

This Act shall enter into force on 1 September 1983.

HE 19/81, Ivhms. 5/82. Family miet. 167/82

Entry into force and application of amending acts:

20.12.1985/1048

This Act shall enter into force on 1 January 1986.

HE 170/85, Ivhms. 8/85, svk.m. 165/85

19 APRIL 1991/707:

This Act shall enter into force on 1 April 1992.

HE 40/90, Ivhms. 15/90, svk.M. 314/90

22.7.1991/1063:

The entry into force of this Act shall be regulated by law. (L 1063/1991, entered into force on 1 December 1993 L 1417/1992)

HE 16/90, Ivhms. 17/90, svk.M. 336/90

11.7.1997/699:

This Act shall enter into force on 1 October 1997.

THEY 82/1995 , LaVM 9/1997, EV 98/1997

30.4.1999/552:

This Act shall enter into force on 1 October 1999.

THEY 74/1998 , LaVM 25/1998, EV 274/1998

13.6.2003/536:

This Act shall enter into force on 1 January 2004.

THEY 44/2002 , LaVM 28/2002 EV 261/2002

20.1.2006/59:

This Act shall enter into force on 1 April 2006.

However, Article 13b (2) and (3) of Chapter 2a shall enter into force on 1 January 2011. (21.12.2007)

The law shall apply to infringements committed after its entry into force.

THEY 16/2005 , LaVM 14/2005, EV 164/2005

8.11.2013/77:

This Act shall enter into force on 1 January 2014.

THEY 63/2013 , LaVM 12/2013, EV 115/2013, Directive 2010 /64/EU of the European Parliament and of the Council (32010L0064); OJ L 280, 26.10.2010, p. 1

8.11.2013/778:

This Act shall enter into force on 1 December 2013 and shall expire on 31 December 2013.

THEY 63/2013 , LaVM 12/2013, EV 115/2013, Directive 2010 /64/EU of the European Parliament and of the Council (32010L0064); OJ L 280, 26.10.2010, p. 1

17.10.2014/823:

This Act shall enter into force on 1 December 2014.

THEY 71/2014 , LaVM 7/2014, EV 90/2014, Directive 2012/13/EU of the European Parliament and of the Council (32012L0013); OJ L 142, 1.6.2012, p. 1