Text file: 8295.txt
author: "ZaBolj\u0161oSlovenijo"
downvotes: 10
end consideration date: 2017-06-09
id: '8295'
number comments: 12
number views: 2864
proposal type: Competent authority response
response: "Response from the Ministry of Infrastructure\nWhen the new traffic legislation\
  \ was drafted in 2010, much was written about a penalty policy that would be designed\
  \ to be largely without impact on the financial situation of socially weaker offenders.\n\
  Sanctioning solutions in the offence proceedings (both in ordinary and summary proceedings)\
  \ which do not unduly jeopardise the social situation of the weaker or less well-off\
  \ are provided for in the provisions (17, 18, 19a, 26, 52, 53, 53, 53, 53, 53, 53,\
  \ 53, 53, 53, 53, 53, 53, 53, 53, 53, 53). The subject matter in question cannot\
  \ therefore be the subject of a special traffic law such as the Road Traffic Rules\
  \ Act.\nAll offenders who, because of their financial situation or their ability\
  \ to pay, are unable to pay the fine may apply to the competent court for the fine\
  \ to be commuted by the performance of certain tasks for the general benefit or\
  \ for the benefit of the self-governing local authority. In this way, the fine,\
  \ the payment of which is to be replaced by the performance of tasks for the general\
  \ good, shall not affect the offender or the persons whom he is required to maintain.\n\
  In summary proceedings, the offending authority may impose a fine on the offender\
  \ only in the amount of the fine prescribed, but if the fine is fixed in a range,\
  \ it may impose only the minimum fine prescribed, unless otherwise provided by law.\
  \ In this case, therefore, the offending authority cannot take into account the\
  \ circumstances which influence whether the penalty should be lower or higher, as\
  \ it has no competence to do so. The offender has two options in these cases, namely\
  \ to pay half of the fine imposed or to pay the fine in instalments.\nNotwithstanding\
  \ the previous paragraph, it should be noted that the offence authority has the\
  \ option, in accordance with the provisions of the Offences Act, to issue a warning\
  \ (Article 21 of the Offences Act-1) or a caution (Article 53 of the Offences Act-1).\n\
  \ "
response date: 2018-01-30
response due date: null
sent date: 2017-05-11
title: Fairer penalties for traffic offences
upvotes: 19
url: https://predlagam.vladi.si/predlog/8295
