You have the right to defend yourself at all stages of the administrative offences procedure.
This means that you can defend yourself before the court, either in person or through another person. This other person, your defender, does not necessarily have to be a qualified lawyer.
It makes no difference whether you defend yourself, or if you are defended by another person, or by a qualified lawyer. 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 court.
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 fashion
- 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, there must be a notice prepared describing the circumstances of the offence and your charge. In such a case, a notice of fine must be sent to you within 5 working days. If you are present when the protocol is being written, the state official must provide you with a copy. Where the person charged with the administrative offence is still a minor, this protocol will in certain cases be sent to the legal guardians of the minor (for example, the parents or adoptive parents).
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.