The Act on Offences, defines an “offence” as behaviour which violates or threatens the interests of society and which is explicitly described as an offence in the Act or another law.
The definitions written above are all in the Act on Offences and the Administrative Procedure Code and these are used in proceedings for offences.
Traffic offences are dealt with by the municipal (city) authority.
Some offences and the sanctions that can be imposed by the municipal authority are:
Ticketed (coupon) proceedings
This is a less serious offence which has been reliably proven and for which a reprimand is not sufficient. If you are willing to pay a lower fine, this can be dealt with by an authority which inspects traffic (or also the police) by imposing a ticket (coupon) fine on site.
Standard offence proceedings
Offences are adjudicated on the basis of official proceedings. The start of such proceedings is a report of an offence by a state authority, the police, a municipal authority, or by a legal entity or citizen.
The municipal authority may submit the case to another authority before the start of the proceedings. If the facts indicate that this concerns a crime, the case is submitted to the public prosecutor.
You will be a party to the proceedings in your capacity as the accused person. The victim will also be a party, if there is a need to discuss compensation for damages caused by the offence. Finally, the owner of an object or item which was or may be seized (for instance, the owner of a vehicle) will also be a party.
You are accused of the offence as soon as the first procedural act is made against you.
You are entitled to:
Oral hearings are held and the municipal authority will prepare a report. You will be asked questions during the hearing and you can enforce your rights (as set out above). The report will become part of the file. The municipal authority will ask you to examine the documents contained in the file before issuing its decision. You are entitled to express your opinion about these documents.
End of proceedings for an offence:
The citizens of other Member States may be prosecuted in the same way as Czech nationals.
You have the right of full appeal. However, an appeal cannot be made against a fine imposed in ticketed (coupon) proceedings.
A decision contested by an appeal cannot be executed until a superior authority has decided the appeal.
Your appeal must be filed with the administrative authority (generally the municipal authority) within fifteen days of the date of notification of the decision.
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