There was a call to the police for hooliganism. The hooligan ran away before the police arrived.

solved

Now they want a fine for an illegal call.

How to remove an article and avoid a fine, or at least make it minimal?

15.06.2023 23:59 427

Answers

Photo of sikorsky.y.o Yaroslav Sikorsky

Liability for a knowingly false call to special services (183 of the Code of Administrative Offenses) arises in the presence of an administrative offense.

Composition of an administrative offense under Art. 183 of the Administrative Procedure Code is as follows:

  1. The object of this administrative offense is public relations in the sphere of public order protection.

  2. The Objective side of the offense is expressed in a knowingly false call to the fire department, police, ambulance or emergency services (material composition).

  3. Subject of an administrative misdemeanor - general (natural criminal who has reached the age of 16).

  4. The subjective side of the offense is determined by the attitude to the consequences and is characterized by the presence of guilt in the form of direct intent.

Even if you are issued a fine, you can challenge it in court, since there is no subjective side of an administrative offense, namely: you did not have a direct intention to make a knowingly false call to the police.

According to Part 2 of Art. 77 of the Civil Code of Ukraine, in administrative cases on the illegality of decisions, actions or inaction of a subject of authority the duty to prove the legality of one's decision, action or inaction rests on the defendant.

So, in court, the policeman will have to prove that you had a direct intention to make a knowingly false call to the police, which he will not be able to do.

If you need legal help, please contact us.

16.06.2023 21:11

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