Mandates during an epidemic

In the light of recent reports related to the controversial activities of the Police, imposing fines for various types of alleged violations of the provisions on the conduct of quarantine and the so-called social distancing, we remind you that the mandate proceedings under the law of offenses are not absolute. In a situation in which an officer proposes to impose a fine in the form of a fine, we believe that the offense accused of us did not take place, the best (and at the same time the simplest) action is to refuse to accept the ticket. As a result, the proposed penalty is not imposed, and the case must (together with the request for punishment) be sent to court. It is in court proceedings that we have the best chance to present our arguments and defend our interests. However, it is worth remembering two things – first, if we accept the mandate, in practice we lose the possibility of going to court or withdrawing this statement – the penalty proposed by the officer was imposed, and we have the obligation to pay it. Secondly, in practice the penalties imposed in the form of fines are often (especially in typical, obvious situations) much lower than those used by the courts – remember that the maximum amount of the fine is, in principle, PLN 500, and the court can punish us a fine of up to PLN 5,000, restriction or even imprisonment for up to 30 days, we will also have to cover the costs of the proceedings. You must defend your business, but you must do it wisely. Our law office also provides legal assistance in cases of misdemeanors – judicial proceedings after filing an application for punishment, the accused may have a defense counsel.