Pavel Mates, Karel Šemík

Thoughts on the Constitutionality of the Administrative Offense of the Conductor of the Vehicle

Jurisprudence 4/2013 Section: Articles Page: 14-18

Keywords: Traffic Act, universal administrative offence, fine

Abstract: Since January of this year the amendment of the Traffic Act enters into effect, with a stated goal to enhance penalties for those who fail to comply with traffic rules. The so-called universal administrative offense was introduced – the offender becomes the operator of the vehicle when the offense was comited and the perpetrator was found. There is no doubt that in the present case the constitutionally guaranteed right to ensure the prohibition of self-incrimination is not respected, because the operator is compelled to state himself or kin or pay a fine.