Administrative law
Fines and misdemeanours
Act No. 250/2016 Coll.
Misdemeanour law is “small criminal law”: presumption of innocence, evidence, limitation. A minor case with an official’s procedural mistake often collapses entirely.
What the law says
The Liability for Misdemeanours Act sets the general rules: the authority proves guilt, the accused may stay silent and may have a defence counsel, and limitation runs — one year as a rule, three for serious misdemeanours.
A decision is often preceded by a penalty order (příkaz): an objection within 8 days opens full proceedings with a hearing. Sanctions are not only fines — activity bans, driver points; their proportionality is reviewable too.
How the work runs
I start with the protocol and the evidence: measurements, photo documentation, the inspectors’ authority, respect for your on-site rights. Then limitation and jurisdiction — it is remarkable how often cases outlive what the law allows them.
Then tactics by situation: objection to the order, active defence at the hearing, negotiating the lower end of the sanction, an appeal. For drivers I separately count the points and the ban risk — a dispute over small change is often a dispute over the licence.
Deadlines and pitfalls
Paying a fine from the order makes it final — paying means agreeing. An objection cancels the order entirely but also forfeits the “discount” of the summary track: the sanction in full proceedings may be higher. The decision comes after reading the file, not before.
Frequently asked questions
I wasn’t there — is the car’s registered keeper liable?
For selected violations the keeper bears objective liability, but with limits and without points. Which regime the authority applied, and whether correctly, is the first thing I verify: confusion here works for the defence.
Is a small fine worth fighting over?
Count the full price: points, the impact on licences and future proceedings, public registers for businesses. If the consequences exceed the amount, the dispute makes sense; if not, I will say plainly that paying is cheaper.
A camera fine arrived. Just pay?
First the regime: the demand to the vehicle’s keeper is a special track with its own answers and deadlines. There are more options than “pay or forget”, but the window is short — bring the letter immediately.
Can I be questioned without counsel?
Demanding counsel is your right, as is not testifying against yourself. Beware “informal explanations” before proceedings open: everything said lands in the file.
Is a neighbour’s or dashcam video evidence?
Often yes: private recordings are admitted where a legitimate interest outweighs privacy. The fight then is over reliability and completeness — a clip without context falls apart on objections.
Contact
- Address
- Konviktská 291/24, Staré Město, 110 00 Praha 12 minutes' walk from Národní třída (metro B, trams)
- Phone
- +420 700 000 000
- kancelar@advokatpopov.cz
- Data box
- [data box ID]
- Consultations
- Mon–Fri 9.00–18.00in person, online or by phone — by appointment