Your less serious offence – administrative offences - will be considered as a minor offence (in Slovak priestupok) or other administrative offence (in Slovak iný správny delikt). Both of them must be explicitly prescribed by law. Unlike a criminal offence, an administrative offence must be harmful to the society. Such conduct is identified not only by formal elements defined by law, but at the same time this conduct must violate or endanger interests of society. When it comes to the criminal offence, such harmful effect is per se satisfied by definition prescribed by law.
Administrative offence
If you commit an administrative offence, an administrative penalty will be imposed to you by a public authority within the administrative offences proceeding. In the case of a minor offence, a public authority must identify whether your conduct was intentional or not. Within the other administrative offences the failure to fulfil statutory obligations alone is sufficient to impose a fine.
Administrative offences are decided by:
- local municipality (in Slovak obec)
- local state administration (in Slovak okresný úrad)
- a police department in some cases (e.g. violation of traffic regulations)
- other state institutions prescribed by law for each particular area of legal regulation
Charge
If you are charged with an administrative offence, you have been charged with a violation of the law, but your offence is not serious enough to be considered criminal.
example For example, the police may have charged you with speeding or the state revenue office may have charged you with minor tax offence for late filing of a tax declaration.
Your case will be examined in administrative offences proceedings, which is in principles similar to a criminal trial. An administrative offense differs from a criminal offense in that the violation is considered less serious.
Appeal an administrative sanction
If you challenge an administrative sanction (most often a penalty) confirmed by a second instance administrative authority, you will initiate the administrative proceeding of the administrative court. In Slovakia, general rules of administrative court proceeding are implemented by the administrative court in case of administrative sanctions review, although some specifics apply. To do this, you must follow the regular complaints procedure first.
Right to a fair trial
When a public authority conducts administrative offence proceeding in order to impose administrative punishment (financial fine, prohibition of some activity, annulment of an authorization for some business activities, etc.), some principles of a fair trial apply.
There are a number of essential fair trial guarantees that apply to administrative offences proceedings in the same way as they do to a criminal trial. These guarantees include the right to provide evidence, to question evidence of state authority, the right to a defence, the right to a public hearing (if necessary), right to an interpreter, and the right to appeal. However, some guarantees may be applied less strictly than in a criminal proceeding.
About this Guide
This Guide will only explain what guarantees you have when your case is examined by the court. As explained, general rules of administrative court proceeding are implemented by the administrative court in case of administrative sanctions review.
Learn more about the rights and duties which guarantee you a fair trial and how to complain where you think your rights have been violated.