2023-11-15 11:04:00
On November 8, this court ruled in favor of six motorists prosecuted for minor speeding violations on the grounds that their payment orders, issued by the King’s prosecutor, were signed with a simple scratch and therefore had “no value legal”. The information was revealed on Wednesday by their lawyer, Bruno Gysels.
The lawyer, specializing in traffic fines, filed an appeal before the police court once morest the payment orders that the King’s prosecutor had sent to six drivers suspected of speeding in Auvelais. According to Me Gysels, these payment orders never bear the signature of the King’s Prosecutor, but only a printed stamp. However, “the Court of Cassation has previously distinguished the effects of a signature which are fundamentally different from those of an autograph signature”, explains the lawyer.
The police court ruled in favor of the six motorists. According to Me Gysels, these six judgments “set precedent since they apply to all payment orders issued in the Kingdom given that no payment order bears the signature of the King’s Prosecutor […]. More than a million payment orders have been sent over the last three years.”
The FPS Justice recognizes that payment orders include a stamp, namely a scanned signature of the public prosecutor, which is “completely valid”, indicates Sudinfo. The Namur public prosecutor’s office appealed the decision of the police court. He believes that the judgments of the Court of Cassation, on which the court relied, can be interpreted differently, specifies the media.
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