Eye to the fine: if the contravention has defects of form, could be unlawful

Published on Mar 23, 2017

How accurate studiocataldi.it, so that a report can be said to be legitimate it must be notified promptly, within 90 days from the offence (fixed regardless of the mode with which the violation was detected). If this deadline is not adhered to, the contravention must be considered null and void. Eye to the fine: if the contravention has defects of form, may be unlawful. Are the vices of form, the omission of the date and time of occurrence of the infringement or the incorrect indication, and the lack of exposure of the disputed facts; incorrect indication of the authority competent for the appeal; incorrect indication of the policy violation or the penalty to be paid. The presence of a defect, in fact, does not entail the automatic annulment of a verbal. This hypothesis is realized when the error involves an impairment of the rights of the offender. For example, in the case of non-indication of the date of notification of the violation or when the offense is not consistent with the way reported with the minutes. The invalidity, however, does not occur when any errors do not affect the right of defense of the sanctioned and are offset by other elements contained in the minutes. The classic example, remember studiocataldi.it is the wrong indication of the date of birth of the offender and is offset from the correct indication of the tax code. The lack of or incorrect indication of the policy violation does not involve the nullity of the protest, if – as has established the Court of cassation in its judgment number 11421/2009 – in the record indicates the disputed fact in a complete and comprehensive, have been given information on the reduced payment, and is not, therefore, been infringed the right to defense of the motorist. If the verbal is affected by a defect is relevant, it is possible to appeal either to the justice of the Peace (in term of 30 days and paying a standard fee and, if the amount disputed exceeds a certain amount, stamp duty) or the Prefect (in term of 60 days and at no cost) to make it declare the nullity. (ADNKRONOS)

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