Received a Corona Fine? Fight Back!
The Public Prosecution Service has announced that a large number of corona fines are not in order. The corona files contain errors or are incomplete. It is very striking that almost no one takes legal action against these issued corona fines. Have you received a fine for violating corona measures? It’s possible that mistakes were also made in your case. Legal scholars are calling – not without reason – for opposition to imposed corona fines. Our lawyers can advise you and are happy to help you file an opposition against the imposed corona fine.
In which Cases Can You Receive a So-Called Corona Fine?
Due to the outbreak of the coronavirus, daily life has completely changed since mid-March. To prevent the spread of the virus, a range of emergency measures have come into effect. These emergency measures have been laid down by mayors in so-called “emergency ordinances”. The rules in these emergency ordinances largely determine your and our daily lives. For example, it is forbidden to gather with three or more people without maintaining a minimum distance of 1.5 meters between each other. In addition, organizing or participating in gatherings is prohibited, for example, organizing an illegal party.
What is a Penalty Order?
If the public prosecutor believes that you have been guilty of violating the corona measures, he can impose a “corona fine” on you. This is called a penalty order. You will then receive a letter from the CJIB describing the punishment imposed by the Public Prosecution Service. This punishment is imposed without the intervention of a judge. If you do not file an opposition against the penalty order, you are obliged to comply with the punishment.
Does Violating Corona Measures Have Consequences for your Certificate of Conduct (VOG)?
If you accept the penalty order and pay the corona fine, you no longer need to go to court. However, this means that your guilt is established. The consequence of this is that it will be noted on your criminal record (Judicial Documentation). This means that the penalty order will be taken into account if you apply for a Certificate of Conduct (VOG). Dienst Justis, the agency that assesses your VOG application, has indicated that they cannot say in advance whether corona violations will prevent the issuance of a VOG. Refusal of a VOG depends on your personal circumstances and the specific job or internship for which you are applying for the VOG. So keep in mind that violating corona measures may (possibly) cause problems when finding an internship or a new job.
Can You File an Opposition against an Imposed Corona Fine?
As mentioned, a fine for violating corona measures is called a penalty order. You can file an opposition against a penalty order. You have 14 days to do this from the moment you received the penalty order. Your notice of opposition will then be assessed by the public prosecutor. If he sees no reason to annul the corona fine, your case will be submitted to the cantonal judge. The public prosecutor will then have to prove that you have been guilty of violating the corona measures. The cantonal judge ultimately decides whether this criminal offense can be proven and what punishment (if any) should follow.
Is it Worthwhile to Oppose a Corona Fine?
It cannot be said in advance whether filing an opposition will lead to the annulment of the corona fine. At this moment, the judge has not yet had to rule on imposed corona fines. This is not surprising, as figures show that very few people take legal action against imposed corona fines. This while the Public Prosecution Service has announced that a large number of corona fines are not in order, because the corona files contain errors or are incomplete. Keep in mind that such errors may have also been made in your case. If the violation cannot be legally and convincingly proven by the public prosecutor, acquittal should follow.
Why is it Advisable to Hire a Lawyer if You Want to Oppose a Corona Fine?
Never accept a penalty order before you have spoken with your criminal defense lawyer. Paying a corona fine has consequences for your criminal record and thus for your future. We help you prevent these adverse consequences. Your criminal defense lawyer investigates whether there is sufficient evidence against you. It is also checked whether the compiled corona file in your case contains errors or is incomplete. If it cannot be proven that you have been guilty of violating the corona measures, you should be acquitted. Even in case there is enough evidence against you, our specialists highlight your (personal) circumstances in a way that maximizes the chance of success. Please contact us at the earliest possible stage without obligation.
What are the Costs for Filing an Opposition against a Corona Fine and the Subsequent Procedure?
Non-compliance with corona measures is seen as a misdemeanor. For misdemeanors, it is in principle not possible to provide pro bono legal assistance. Therefore, when contesting a corona fine, we can only assist you on a paying basis. In many cases, it is possible to make a fixed price agreement. If you are curious about what we can do for you, you can always contact us without obligation.
