P-5/18

A fine is prescribed for committing the minor offence described in the accusatory instrument at issue, and, in addition, a secondary sanction of 18 penalty points is prescribed for drivers of motor vehicles. The alleged minor offence was allegedly committed while driving a moped, whose maximum design speed does not exceed 25 km/h. A driving licence is not required to drive such motor vehicles, which means that in the case at issue the offender cannot be assigned penalty points. On the basis of the above, the Constitutional Court held that it is clearly evident that the circumstances on which the minor offence body based its position that a court is competent to decide on the minor offence at issue do not exist.