You have the right to defend yourself at all stages of the administrative offences procedure.
This means that you can defend yourself before the administrative authority as well as the court in a later stage, either in person or through another person. This other person, your defender, does not necessarily have to be a qualified lawyer in case of the administrative procedure. Once your case is before the court, you must be represented by an attorney at law.
It makes no difference whether you defend yourself, or if you are represented by another person. In all cases you will have the same rights, as well as the obligation to comply with all time limits and to submit all the documents required by the public authority or by the court.
Slovak law does not provide for a free lawyer in the administrative offences procedure before the administrative authority. However, if you appeal against administrative decision to court, you may qualify for free legal aid. Read more about legal aid.
Appropriate time and facilities
You, or your defender, must be given the appropriate time and facilities to prepare your defence. This means, for example, that:
- all charges must be communicated to you in a timely manner
- you must be given access to the evidence in your case
- you must have an opportunity to challenge the evidence and give your opinion and arguments
If a decision imposing a penalty is not made at the time of the offence (in Slovak: bloková pokuta), there must be a protocol on investigation of an offence prepared describing the circumstances of the offence and your charge. In such a case, a copy of the protocol must be sent to you by post.
You, or your defender, must also be given access to the case file and the opportunity to be present at the hearing of your case in court.