In the Klaipėda Chambers of the Klaipėda District Court, almost every day, criminal cases are examined, in which the requests of foreign institutions responsible for the administration of justice to recognize violations committed by Lithuanian citizens are evaluated.
These statements are usually accepted, and citizens of Klaipėda who violate the rules abroad receive not only fines, but also black entries in their biographies.
Requests from abroad are very frequent
For example, on Wednesday alone, several requests from Denmark, Austria, the Netherlands, Germany and Latvia to recognize and enforce international sanctions in the port city, as well as to hand over documents to the violators, were considered in the Klaipėda courthouse.
Monika Vismantė, the assistant judge of the Klaipėda district court, told “Vakaru ekspres” that these statements were on the list of criminal cases due to the fact that, according to their law, violations of traffic rules recorded in these states are subject to criminal liability.
“Those violations of traffic rules are established in their laws as criminal cases, although we often have administrative liability. And we evaluate on the basis of the request state”, said M. ismantė.
According to the representative of the court, criminal liability is also threatened abroad for significantly exceeding the permitted speed recorded by a mobile speedometer.
“For example, there are often more than 50 kilometers over the speed limit. This is recorded by both stationary meters and so-called tripods. We very often receive such from Latvia”, said M. Vismantė.
According to her, a part of Klaipėda residents pay on time for violations of traffic rules committed abroad – if a foreign institution requests a sanction for them, the court only confirms the fact that the obligation has been fulfilled.
“Some drivers know and immediately pay the fines directly to that state – in this case, we only confirm that the obligation has been fulfilled. But sometimes they don’t pay, they forget, they’re late,” said M. Vismantė.
After recognizing that the sanction is enforced in Lithuania, the offender must pay the fine imposed abroad in Lithuania.
The Klaipėda district court mostly receives applications from Latvia, Germany and the Netherlands. During the first quarter of this year, about 80 such cases were examined in court, the fines imposed range from several tens to several hundred euros.
It tarnishes the biography
When examining such cases, the court summons the punished person, his defense attorney and the prosecutor to the hearing, but their absence does not stop the process, and in addition, a decision to recognize a monetary sanction may be made.
The 2005 Council of Europe framework decision on the application of the principle of mutual recognition to financial fines provides for the possibility of recognizing a traffic violation committed in another country as a decision executed in Lithuania.
According to it, competent authorities can recognize decisions without requiring any additional formalities and immediately take the necessary measures to enforce them.
However, criminal violations of the rules do not only result in a fine, but also an entry in the Suspects, Accused and Convicted Register, whose data may be unfavorable when assessing the offender in the future.
“That data will end up in the CPR, where this sanction will be indicated. In the future, this can be used as characterizing data that has an impact on the assessment of a person,” said M. Vismantė.
According to her, the Klaipėda court very often hears requests from foreign institutions to hand over necessary documents to offenders.
“The application is also made because the documents need to be handed over. Our court makes decisions so that documents are deemed to have been served according to the appropriate forms. These procedures are also related to violations of traffic rules”, said M. Vismantė.
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2024-04-12 18:02:39