2023-06-25 16:00:00
Question from Maurice: A transaction for a road traffic offence, issued by the FPS Justice, is sent first in the eBox and then by post (without postmark). Within the 14-day period, which of the two shipments must be taken into account for the date of receipt?
In the event of a traffic violation, a copy of the initial report is sent to the offenders “within fourteen days from the date of the observation of the infringements “. This is what the law of March 16, 1968 says. And according to the SPF Justice, 95% of offenders receive their traffic fine within 14 days, after the police report.
So whether you receive the fine directly, digitally, in the eBox or by post does not change the 14 days, because it is not the date of receipt that counts but the date of dispatch. Gold, “the date of dispatch is the same on the paper document as on the digital document “says the FPS Justice.
Note that these are 14 calendar days, not 14 working days: Saturdays, Sundays and public holidays are counted. You can check the date of the report on the website of the Federal Public Service Justice justonweb.be.
Cancellation of the PV after a period of 14 days?
If you insist on these 14 days, Maurice, it is probably because you know that exceeding this deadline gives rise to the right to have the minutes annulled.
If the report is sent (and not necessarily received, therefore) within 14 days after the offence, the license plate holder is presumed to be the driver at the time of the offence.
And after 14 days, what happens? “Until 2022, the report then lost its particular probative force and served as simple information for the judge“, explains Jean Marot, a lawyer specializing in traffic problems. This could lead to an acquittal if other elements of the file did not corroborate the report.
But in its judgment of November 2, 2022, the Court of Cassation considers that following the loss of the special probative value of the report, it is up to the public prosecutor to provide proof of the defendant’s guilt. “There is therefore today a high probability of acquittal“concludes Me Marot.
Not a systematic cancellation
Acquittal is obviously not possible in certain cases: if you were intercepted at the time of the offence, or if you were recognized as a driver.
In addition, if you declare having committed the offense or if you accept a transaction from the public prosecutor on the response form, you deprive yourself of the possibility of contesting the offense later.
Please note that exceeding the 14-day period does not automatically result in the nullity of the report and the acquittal. “Do not hesitate to contact your insurer for legal protection, said Jean Marot. He will examine whether it is possible and whether it is worth contesting the fine. if this is the case, it will assist you in the process and will reimburse the legal and legal costs. “
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