All parties to the administrative proceeding have the same procedural rights. Once your case is pending before a court in a later stage, you and the state institution, must be treated equally.
Administrative proceeding
As the public authority is deciding your administrative offense case, it is not in the same position as you are. Therefore, the law requires that you and other involved persons concerned by the proceedings should be provided with assistance and instructions so that you do not suffer harm as a result of ignorance of the law.
In case your administrative offence proceeding includes also an injured party or other involved persons, all of you must have the same procedural rights to propose evidence, to comment evidence presented by a public authority or other participating person, etc.
Court proceeding
If you decide to appeal a decision of the public authority to court, you and the opposing public authority have the same procedural rights. Both parties to the trial must be given an equal opportunity to present their evidence and arguments to the court. It also means that both you and the public authority must be informed about the evidence and submissions of the other party and be given an opportunity to comment on them.
This means that you must be:
- given access to the case file, in which everything related to your case is collected and documented
- able to submit your evidence to the court
- given the opportunity to challenge the evidence of the state institution
- given the opportunity to express your arguments and observations
The court will only accept evidence and arguments that are relevant to the case. The court has the right to assess your evidence and reject the evidence or observations which it considers irrelevant to the case.
As the state institution is always in a better position to collect evidence, the principle of equality requires that the evidence and material that it has collected against you is shown to you. This obligation also extends to the evidence that could work in your favour.