U-I-166/10

Reference no.:
U-I-166/10
ECLI:
ECLI:SI:USRS:2011:U.I.166.10
Abstract:
Substituting community service for a fine as determined in Article 19 of the Minor Offences Act is an alternative manner of the enforcement of a fine and not an alternative sanction. The objective of such alternative manner of the enforcement of a fine is to also provide offenders in an unfavourable financial position with the opportunity to pay off a fine before such is enforced. As regards the above-mentioned, the allegation of the applicant (who proceeds from the erroneous starting point that the institution of substituting community service for a fine changes a sanction for the committed minor offence imposed by a final decision) that the challenged provision is not clear and is ambiguous and therefore contrary to the principle of legality, as one of the principles of a state governed by the rule of law as determined in Article 2 of the Constitution, is not substantiated.
Document in PDF:
Type of procedure:
review of constitutionality and legality of regulations and other general acts
Type of act:
statute
Date of application:
12.07.2010
Date of decision:
19.05.2011
Type of decision adopted:
decision
Outcome of proceedings:
establishment – it is not inconsistent with the Constitution/statute rejection
Document:
AN03543