It will be possible to revoke the wrongly issued mandate, provided that the evidence in favour of this is disclosed after its adoption", the Ministry of Justice says.
Experts have been stressing for a long time that in the event of a suspect having doubts as to the validity of the penalty, he should refuse to accept the mandate and decide to settle this issue by the court. The judicial experience clearly indicates that it is hard to anticipate a comprehensive examination of the case at the first stage, i.e. in the procurement procedure. The court does not then carry out a full examination of the evidence, but is limited to considering the evidence provided by the public prosecutor. However, after objecting to the order judgment, the case shall be brought to trial. Acceptance of the mandate in practice prevents the subsequent usage of the judicial procedure, as the annulment of the final mandate is highly difficult.
This is all due to the fact that the Code of Conduct on Offences in Article 101 sets out a very limited scope of grounds for the annulment of a valid mandate. First of all, it is not possible to revoke the mandate if it is imposed on a individual who is not the actual perpetrator of the offence.
First of all, it is not possible to revoke the mandate if it is imposed on a individual who is not the actual perpetrator of the offence. Even if the suspect agrees to accept a fine, even if he is not guilty, he will be punished.
The Ombudsman, prof. Marcin Wiązek, is in favour of expanding the scope of the situation for the annulment of the mandate. He notes that there is besides no anticipation of annulment of the mandate where a fine for an infringement has been imposed.
Several twelve complaints were received by the RPO from drivers who were fined for speeding on the basis of measurements made by measuring devices after their legalization expired. In accordance with the applicable rules, there are no grounds for reconsidering the case in specified cases.
The Ministry of Justice has responded positively to the demands of the RPO and is considering introducing 2 fresh conditions for the annulment of the mandate.
One of these proposals is the inclusion in Article 101 of the Code of Conduct in infringement cases of the condition contained in Article 540(1)(1) of the Code of Criminal Procedure. This would besides enable the annulment of the mandate to be possible where "a criminal offence has been committed in connection with the imposition of a fine and there is simply a reasonable basis for accepting that this may have had an impact on the content of the final punishment mandate".
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Daniel Głogowski
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The repeal of the mandate will be easier. Ministry of Justice prepares changes
