Alternative Solution Variants for Administrative Penalties Regarding Driving a Vehicle under Influence of Alcohol or Intoxicating Agents

1st Variant

0,5 -1,0 ‰ 1,0 – 1,5 ‰ from 1,5 ‰

Fine – increased (Ls)

300-450; 600-800; 800 -1000 ; 350 - 500 700 - 900 1000 - 1200

Prohibition to drive a vehicle - increased

0,5 -1,0 ‰ up to 6 months; up to 1 year 1,0 – 1,5 ‰ up to 1 year; from 1,5 ‰ up to 4 years; 6 - 18 months 18 months - 5 years

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1st Variant

Benefits: 1) The offence is saved in the administrative penalty system and penalty application process isn’t changed; 2) The courts are relieved from execution of functions that are not characteristic for them – application of administrative penalty, as well as solving issues that are related to execution of the penalty, as a result duties of courts would be significantly reduced.

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1st Variant

Shortcoming: the penalties given in sanction of the offence are already comparable to criminal penalty when looking at their severity; setting more severe penalties for an administrative offence would make them equal (or even more strict) to penalty for criminal offences that according to character of the adverse action are different offences and procedural order of their application guarantees a higher investigation and proving standard.

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2nd Variant

Penalties stay as they are now + Measures directed to prevention of driving under influence of alcohol 5

2nd Variant

Benefits: 1) Goal of the administrative penalty is not only to punish the offender, but also to prevent the offender and other people from committing new offences. This goal can also be achieved with other legal means, for example, influence measures on vehicle drivers that are not penalties; 2) Preventive measures that are directed to causes of the offence, not consequences in comparison to a severe penalty is more effective way to reduce number of offences; 3) Penalties for offences would be accordant and adequate to the administrative penalty system; 6

2nd Variant

Benefits: 4) the offence is stored in the administrative penalty system and application order of penalties isn’t changed; 5) The courts are relieved from execution of functions that are not characteristic for them – application of administrative penalty, as well as solving issues that are related to execution of the penalty, as a result duties of courts would be significantly reduced.

Shortcoming: system.

several measures to influence social behaviour of vehicle drivers and inform them can’t be solved within limits of the administrative penalty 7

3rd Variant

Driving Vehicles under Influence of Alcohol and Drugs is Criminalized and Criminal Penalty is Applied for this Offence

Discussion – what degree of intoxication (0,2‰, 0,5‰, 1‰. 1,5‰) could be basis for criminal responsibility?

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3rd Variant

Benefits: 1) Sanction of the offence is accordant and adequate for the penalty system and procedural order, how it is applied; 2) According to severity of sanction of the offence the person is provided with accordant procedural guarantees to protect his/her rights.

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3rd Variant

Shortcomings: 1) Penalty application process would become complicated, time consuming and more expensive; more 2) Duties of courts in investigation of criminal cases would increase because state administration institution has no rights to apply short-term imprisonment; 3) By taking into account prosecutor’s (as executor’s of the prosecution function) role in the criminal proceeding, amount of work of the prosecutor’s office would increase significantly; 4) Forecasts predict that criminalization of the offence wouldn’t reduce number of offences and prevent the offenders from committing new offences .

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Participants of the discussion and other attendants are welcome to share their opinion!!

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