Revolution in mandates. The Ombudsman submitted the application

A driver caught red-handed cannot avoid a fine. The matter becomes more complicated when the photo is taken by a speed camera and the police are unable to clearly identify the perpetrator. Then, after the threat of a penalty, the car owner is obliged to do so. According to the Ombudsman, this is inconsistent with applicable law, reports Autokult.

Mandates to be changed

According to the Code of Petty Offenses, a fine may be imposed on anyone who “contrary to his/her obligation, fails to indicate, at the request of an authorized body, who has entrusted the vehicle to drive or use it at a specified time.” It can be up to PLN 8,000. PLN, so it is much higher than the fine itself. For this reason, most drivers, if they are really not sure about the perpetrator, decide to take the blame and pay a lower amount.

The Ombudsman argues that this is inconsistent with applicable regulations. It refers, among other things, to the case law of the European Court of Human Rights.

The right to remain silent and the right not to incriminate oneself are widely recognized international standards.

– says Marcin Wiącka.

Therefore, the Ombudsman submitted a request to the Minister of Justice to take a position on this matter and introduce changes. In his opinion, Art. 96 of the Code of Petty Offenses should be supplemented with paragraph 4, which could read:

A person who fails to indicate, at the request of an authorized body, who has entrusted the vehicle to drive or use it for a specified period of time, shall not be subject to the penalty under § 3, when the information provided in this way could constitute evidence in proceedings for an offense against him/herself.

Currently, the Minister of Justice is Adam Bodnar, who himself pointed out this problem in 2020. Therefore, the chances for change seem high.