Traffic mass of fine saves offenders
Prosecution revealed that police treated road exceeded the speed and driving without a license as minor
Drastic violations of Traffic in discharge of drivers violate the law establishes the Supreme Administrative Prosecution Office (VAP).
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Loopholes in the law for administrative offenses and penalties (ZANN) allows police to Patna does not impose penalties on minor administrative violations. We only notice that on repeated wrong sanction will follow. But the assessment that the case is minor, not subject to prosecutors or judicial control and opens the possibility for abuse and corruption. "That's why prosecutors decided to check what is the practice of Traffic Police, which for Sega of VAP.
About 5 months, from November 2006 to March 2007, the Prosecution has reviewed 224 files suspended in nothingness and came across a strange decision of road police.
As a minor by Traffic Police are qualified exceeded the authorized speed (31, 37, 50 and even 64 km / h), squeeze the sudden lane pedestrian crossing, driving without a license, coupon or civil liability, crossing the junction of the right at red lights ; Incorrect maneuvers, causing danger to traffic. Driving without a license such as the Law on Road Traffic provides a fine of 100 to 300 euro excess speed of 21 to 30 km / h in place is punished by a fine of 100 euro, and as exceeding over 51 km / h-s 250 euro fine and three months imprisonment rights management.
In Petrich example is suspended file against a person driving without a license and several pending administrative and criminal proceedings. Only a warning is razminal and an ambulance driver who passed a red light without having to put pots and cheeses.
Prosecutors have established that the Traffic Police did not state the reasons why closes the file. There were cases in which penalties body also referred to objections offender who is respected, without entering into the konkretika. Among the deficiencies and that no reference is made to previous violations and penalties pending proceedings.
Furthermore, there is no uniform understanding and application of laws criteria for insignificance. In ZANN no definition of "peddling case. However, the law refers to the Penal Code, which states that "inconsequential event is one in which an offense given the absence or insignificance of the harmful effects or to other mitigating circumstances represents a low danger to society compared to ordinary cases of crime by the drug.
The law on road traffic is not very specific in definitions. It says only that "important" is a violation which, albeit with minor deviations from the prescribed legally conduct of the participant in the movement, in another road environment could lead to the occurrence of a traffic accident.
Charge of the state have ordered the heads of RPU th and ODP was to eliminate irregularities and deficiencies in the application of the law. Referral and chief of the National Service "Police". Currently the service is headed by Veselin Petrov, but before it was headed by Valentin Petrov, who was among the main characters in the Interior Ministry scandal. Incoming new checks on whether VAP Traffic began to apply the law equally true for all.
In the summer of 2006 scandal erupted in the capital KAT. Then his chief Ilia Iliev was removed and given to a court that has helped drivers to be saved from prosecution. Sofia Military Court Acquits him last summer, but questioned the prosecution case is now in the Military Court of Appeals. According to the prosecution in the period January 17-May 19, 2006 Iliev has 11 drivers cover more than 1.2 promila alcohol in the blood. By law they must be brought to prosecution. Instead, he imposed fines to criminal acts of Traffic and they escaped persecution under the Penal Code.
In PROJECT
Draft Administrativnonakazatelen Code (ANK), to replace ZANN, prepare the Ministry of Justice. It offers the prosecutor to oversee the cessation of files due to insignificance of penalties body. "Experience shows that most cases of wrongful discharge on grounds of corruption implement this policy, since so far no done no control," reads the draft of the reasons MP. Charge of state support the text. But Prime Minister Miglena Tacheva intends to withdraw because it was autopsy by the Supreme Judicial Council.
Source: the newspaper Sega
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