Each case of administrative offence pending before a public authority or before a court in a later stage has many procedural requirements. These guarantee your full participation in an effective administrative or court process.
As administrative offenses are primarily decided by an administrative authority, that stage is not a court trail. Nevertheless, some elements of the right to a fair trial and some principles of a criminal court procedure also apply to the administrative offence procedure.
Procedural requirements guarantee that:
- you are given an opportunity to meaningfully participate in the process
- the process is effective
- the process is fair for all parties (the accused of an administrative offence, the victim, and other participating persons)
- the court process is open to public scrutiny
Guarantees
The right to a fair trial includes a number of guarantees, which ensure that you are able to understand what is happening in your case and to present your arguments to the administrative authority or to the court on equal terms with the state institution. These guarantees cover the entire process starting from your right to use the language you understand and ending with your rights in appeals procedures if they are available in your case.
The right to a fair trial also implies that the process of administrative punishment is prompt and effective. The court process must also be open to public scrutiny. This means that the court process and the judgment must be generally accessible to the public. The judgment must contain sufficient reasoning for you and for members of society to understand the basis of the court’s decision.
Learn more about procedural requirements in the administrative offences proceedings. If these procedures are not met or correctly followed, it may result in a violation of your right to a fair trial.