The following information shows the possible procedure (including the basic rights and possibilities to which the person concerned is entitled) within the framework of administrative fine and ordinary criminal proceedings.
Regulatory fines relating to the Covid 19 Ordinance.
Are you being issued an administrative fine in relation to the Covid-19 regulation special situation of 23 June 2021 or in relation to the Covid-19 regulation international movement of persons of 23 June 2021 and do you feel that you have been treated unlawfully? This can be quite possible, because the legal situation is often not always very clear or conscious to the acting police officers either. Often, instructions and orders from superiors are simply implemented, despite the fact that one has never personally thought about or dealt with the newly drafted and fast-tracked laws and regulations, let alone read them.
If you now find yourself in the situation and receive an administrative fine, you have three options.
1. you pay the fine directly on the spot to the issuing police officer and receive a receipt for it. By paying the fine, you acknowledge and accept the facts of the case. The matter is settled for you and the police officer. The fine is processed anonymously and no data will or may be collected from you or stored. Therefore, no objection can be raised or conclusions drawn afterwards.
2. you request a 30-day cooling-off period. In doing so, the police officer must issue you a bill, giving you a 30-day cooling-off period to pay the fine. If you pay the fine within 30 days, you acknowledge and accept the facts and the matter is closed. If you have not paid after this cooling-off period, the ordinary procedure will be initiated against you and a case will be opened against you accordingly. This will either be forwarded directly to the relevant investigating authority or you will first be sent a reprimand, on which you can comment in writing. After that, the procedure is the same as in point 3.
3. you do not accept the fine on the spot towards the police officer and kindly ask for the due process. The police officer must then record your personal details and your statements as the accused person and subsequently write a report against you for the attention of the relevant investigating authority. As an accused person, you have the right to refuse to cooperate and to make statements. On the occasion of a normal identity check, you are obliged to identify yourself by giving your personal details or showing an identity card (extended checks are not dealt with here). Always be friendly and cooperate during the police check and do what the police officer tells you. The acting police officer must and will hold your rights against you before questioning you verbally. Most of the time, in regards to a criminal case regarding the Covid-19 ordinance, it is recommended that you do not make any statements. The police officer will then prepare the appropriate report in his office and forward it to the investigating authority. A few weeks later, you will receive a penalty order in which you will again be informed about your options to pay the fine from the penalty order or to appeal against it. As the accused person directly concerned, you can lodge a written and unfounded objection. Make sure that the deadlines for lodging an objection are observed. Send the objection in writing to the corresponding office. You can find a template for an objection HERE.
After that, you may be summoned in person by the investigating authority to be questioned on the matter. There you will again be held to your rights, in particular your right not to be obliged to testify, which is usually highly recommended. In every criminal proceeding, the investigating authority must collect incriminating and exculpatory evidence. It must be possible for the authorities to prove criminal conduct and the presumption of innocence applies. If the investigating authority comes to the conclusion that you cannot be charged with any criminal conduct, the criminal proceedings must be discontinued for lack of evidence or legal basis. By a confession (mostly by your own statements), a suspicion can already be substantiated and thus also punished.