The final judgment in your case must be based on evidence. The state institution must gather enough evidence to prove that you committed the administrative offence with which you have been charged.

Evidence in your case may include material evidence, documents, all kinds of recordings, witness statements etc. The evidence presented to the court must be relevant to your case and should have been legally obtained. Any evidence obtained by torture or by threats to the life or health of you or any other person cannot be used in court.

You are also allowed to present your evidence and call your witnesses to court. You must be given an opportunity to present your evidence on equal conditions with the state institution.

Failure to observe these rules can violate your right to a fair trial.

Facts established by a public authority

Facts established by a public authority with an administration proceeding are the main source of an administrative court. However, a court is not bound by the facts established by a public body and it may take other evidence necessary to review the legality of the contested decision on administrative offence.

Therefore, you are required to indicate in an application and in your observations the evidence in support of your allegations. An administrative court shall decide which of the proposed evidence to take. The administrative court may also take evidence other than that proposed if it considers it necessary for a decision in the case.

Last updated 20/11/2020