Prescriptive judgment from the court - how to defend against it?

Service

In cases of misdemeanors, criminal and penal-fiscal cases, the court may issue a prescriptive sentence without a hearing. The accused may appeal against such a sentence, but he has only seven days to do so. For this purpose, you must submit an objection to the judgment. We explain how to do this.

Prescriptive judgment - in what cases?

In many cases of petty offenses, penal and penal-fiscal cases, the court may issue a prescriptive sentence without a hearing, without the presence of the accused. This applies to cases where a fine or restriction of liberty may be imposed. They are often issued, for example, in cases of traffic violations, when the driver did not accept the ticket and the case went to court. A prescriptive judgment is delivered to the accused after it is issued. He may or may not agree with him.

If the defendant disagrees with the sentence, he or she must file an objection to the order. If he does not object, the judgment will become final.

Thus, the injunction can be treated as a "penalty proposal" sent by the court, which will become binding if the accused does not react.

Service of a writ of injunction

After a writ is issued, the court sends it to both the accuser and the accused. The accused receives a prescriptive sentence together with a copy of the indictment. Thanks to this, the accused can read what he was accused of and for what the court issued a prescriptive sentence against him.

The same envelope should contain an instruction on the right to raise an objection, the method of its filing, the time limit within which it should be done and the consequences of not raising an objection.

The day on which the order for payment is received is important, because the 7-day time limit for appealing against the judgment order (filing an objection) is counted from the service. It is a good practice not to throw away the envelope in which the judgment was served, to sew it together with the judgment and additionally to write on it the date of receipt of the letter. This will prevent mistakes in calculating deadlines and relying on memory as to the day on which the sentence was delivered.

Time limit for objection to the injunction

There is little time to appeal against the injunction. This must be done within 7 days of the delivery of the judgment. If the objection is submitted after the deadline, the president of the court will refuse to accept it.

7 days from the delivery of the judgment - the time limit for lodging an objection to the injunction

How to count the time limit for filing an objection? The rules are as follows:

  • the day on which the prescriptive order was received shall not be taken into account; the first day of the time limit is the day following the receipt of the order for payment;

  • if the last day of the term falls on a Saturday, Sunday or a public holiday - then the term expires on the next day that is not Saturday, Sunday or a statutory holiday;

  • if Saturday, Sunday or a public holiday falls in the middle of the deadline - they should be taken into account (these days cannot be omitted in the calculations);

  • it is enough to send the objection to the court via Poczta Polska on the last day of the deadline - the deadline will then be kept, the date of dispatch, and not the delivery of the objection to the court, will be decisive.

Example 1.

Jan Nowak received a prescriptive sentence on October 25 (Thursday). He has seven days to object. The first day of the appointment will be Friday 26 October, the second day will be Saturday 26 October, and so on. The last day of the appointment will be Thursday 1 November. However, it is a public holiday. Therefore, the last day of the deadline is postponed to Friday, November 2. On that day, you can still submit an objection to the court or send it to the court via Poczta Polska.

Start a free 30-day trial period with no strings attached!

The opposition period has expired

It may happen that the 7-day opposition period against the order for filing an objection has expired. Then what?

The Code of Criminal Procedure allows for the submission of an application for restoration of a strict deadline (Article 126 of the Code of Criminal Procedure). It should be remembered that the court will only restore the date if:

  • failure to meet the deadline was for reasons beyond the control of the party;

  • an application for reinstatement of the time limit must be submitted within 7 days from the end of the obstacle preventing the meeting of the time limit;

  • together with the application for the reinstatement of the time limit, an objection to the writ of payment must be submitted

Consequences of submitting an objection to a penalty order

What are the consequences of an objection to an injunction? In the event of an objection, the injunction is repealed.The case is subject to general rules, and therefore will go to a hearing. The court may not issue an injunction for the same case for the second time, it must adjudicate on general principles.

The judge who issued the contested injunction will not pursue the case further. It will go to another judge.

Consequences of non-appeal against a writ of injunction

If the order for payment is not appealed within 7 days from its service, the judgment will become final. It will no longer be possible to challenge him. If in the judgment the obligation to pay the fine has been imposed - it will have to be paid, otherwise it will be forcibly collected.

A similar effect will result in the withdrawal of the objection lodged against the injunction. The objection may be withdrawn until the commencement of the trial at the first main hearing.

Opposition to the injunction - what should it contain?

The right to object to the injunction is granted to:

  • accused,

  • prosecutor.

The objection to the injunction should be made in writing. The objection is highly informal:

  • it is sufficient if it appears that the opponent does not agree with the judgment;

  • does not have to include a justification;

  • it does not have to include any charges.

 

Zielona Góra, October 30, 2018

Jan Nowak

ul. Sample 1

11-111 Zielona Góra

District Court in Zielona Góra

Criminal Division II

Ref. IIK 0000/18

Objection to the writ of injunction

I object to the prescriptive judgment of 12/09/2018 issued by the District Court in Zielona Góra in the case with ref. No. act II K 0000/18 against the accused Jan Nowak.

Jan Nowak

/signature/

Prescriptive judgment against several people

It is possible that one order of injunction has been issued against several people. In such a situation, each accused may raise an objection. Importantly, the injunction becomes invalid only against the defendant who lodged the objection.

Example 2.

The court issued a prescriptive sentence against Maria Nowak and Jan Nowak. He delivered it to Maria Nowak and Jan Nowak. Maria Nowak did not object to the injunction to think that it would be enough for Jan Nowak to do it. Jan Nowak raised an objection. The injunction will only lose its force against Jan Nowak and the case against him will go to trial. The sentence against Maria Nowak will become final, because Maria Nowak has not appealed against the judgment.