Up-7/98

Reference no.:
Up-7/98
Objavljeno:
OdlUS VII, 233 | 30.09.1998
ECLI:
ECLI:SI:USRS:1998:Up.7.98
Act:
Decision of the Republican Penal for Public Order Offenses No. Pp-5058/97 dated 11 Nov. 1997, and decision of the Public Order Offenses Judge of Šmarje pri Jelšah No. P/MT-96/96 dated 5 May 1997, in the part referring to the seizure of a rifle Sauer Sohn calibre 16/6 5 * 57 R, serial No. 1890, and 4 cartridges calibre 6,5 * 57 R
Operative provisions:
The decision of the Republican Penal for Public Order Offenses and the decision of the Public Order Offenses Judge of Šmarje pri Jelšah are abrogated in the part relating to the seizure of a rifle Sauer Sohn calibre 16/6 5 * 57 R, serial No. 1890, and 4 cartridges calibre 6,5 * 57 R, are abrogated. The case is remanded to the Public Order Offenses Judge of Šmarje pri Jelšah for new decision making.
Abstract:
For in the reasoning of the decision of the public order offenses judge it was not stated what was the purpose of the measure imposed, which circumstances were in the concrete case decisive for a conclusion that the purpose would have thusly be achieved, and whether the reasons of public safety outweighed the complainant's protected interests, the complainant was unable to learn of the reasons why his arms and ammunition had been seized. Accordingly, by the public order offenses judge's decision the guaranty of equality in the protection of rights (Art. 22 of the Constitution) was violated.

Despite the deficiencies described the Republican Penal for Public Order Offenses (hereinafter: the Panel; having appellate jurisdiction concerning public order offenses) did not abrogate ab initio the public order offenses judge's decision but only supplemented it. Therefore the complainant's right to legal remedy (Art. 25 of the Constitution) was violated. Because the Penal stated that the seizure of property was required by the manner, place and consequences of using the arms, however it did not state other circumstances relevant for decision, by the Penal decision the guaranty to equality in the protection of rights (Art. 22 of the Constitution) was also violated.
Password:
Exercise and restriction of rights.
Right to private property and inheritance.
Right to personal dignity and security.
Equality in the protection of rights.
Right to legal remedy.
Right to security.
Restriction of constitutional rights.
Public order offenses, the seizure of property.
Constitutional complaint, temporary injunction, the abrogation of an act.
Dissenting opinion of a Constitutional Court justice.
Legal basis:
Constitution, Arts. 15, 22, 25, 33, 34
Public Order Violations Act (ZP), Art. 168
Arms Act (ZOro), Art. 56
Constitutional Court Act (ZUstS), Art. 58, Para. 1, Art. 59
Document in PDF:
Type of procedure:
constitutional complaint
Type of act:
other acts
Date of application:
16.01.1998
Date of decision:
30.09.1998
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN01622