What is an Administrative Offense?
In Poland, an offense is considered a minor act that violates the norms of administrative, labor, or civil law. The responsibility for such an action or inaction is less severe than criminal responsibility for a crime, as are the conditions for being held accountable.
An administrative offense is an act that disrupts public order, the rights and freedoms of citizens, as well as relations in the field of executive and administrative power. For example:
- petty hooliganism;
- consumption of alcoholic beverages in public places and near playgrounds;
- traffic rules violations.
In fact, there are many examples, and more details can be found directly in the Code of Minor Offenses – a document that contains the norms and definitions of administrative offenses, as well as establishes liability for their commission.
Penalties for Administrative Offenses in the Republic of Poland
In Poland, various types of sanctions can be applied for administrative offenses depending on the nature of the offense, its seriousness, and other circumstances:
- arrest;
- restriction of liberty;
- fine (up to 5,000 zlotys);
- reprimand.
Penalties include:
- driving bans in case of traffic violations, usually for a specific period;
- confiscation of items. In cases where the offense is related to property, the property involved may be confiscated;
- compensation. If the administrative offense resulted in material or moral damages, the affected party may receive compensation as determined by law or competent authorities;
- obligation to repair damage. This compensation can cover various types of damages such as loss or damage to property, medical expenses, loss of profit;
- special punishment decisions. This can occur when a court or other competent authority takes into account certain circumstances or conditions that may justly influence the decision on punishment;
- other measures of punishment provided by law.
When considering administrative offenses, the administrative authority takes into account:
- severity and circumstances: the need to protect life, health, property, public interest, as well as the duration of the offense;
- past experience, i.e., the frequency of the same type of administrative offense, as well as previous punishments for this offense;
- degree of involvement of the individual;
- actions to avoid the consequences of the offense;
- benefits and damages. The amount of benefit obtained or the size of the damage avoided by the individual;
- personal conditions of the individual at the time of the offense.
If someone commits an administrative offense and tries to avoid punishment, the penalty may be more severe, and the official will not consider the circumstances in which the offender acted but will consider the consequences of their actions.
Lawyers working with us on our marketplace "Consultant" have extensive knowledge of Polish law and experience in handling issues related to administrative offenses. They can determine the optimal defense strategies and responses to offenses. If you or your loved ones are in a similar situation, it is better to seek legal assistance, as an experienced specialist will help resolve the matter in the best possible way for the client.
