Do you know in which cases you can appeal a fine imposed on you during the state of alert? In our article, we show in detail what fines you can and cannot claim and in which situations a fine that could have been claimed initially can no longer be claimed today. Read the article and discover all the details.class= »text-primary »> The Constitutional Court approved the night curfews imposed during the second state of alert, as well as the perimeter closures between autonomous communities. The plenary considered that these measures were « appropriate to combat this negative evolution of the pandemic, as it was facing a situation of risk identified as favorable to contagion, namely social gatherings provoked in the hours of the night preceding the state of alert ». The TSJC resolution came as a big surprise, according to various legal sources on this medium, especially after the prosecutor`s office asked to reject the government`s curfew. The opinion could lead to a general lifting of sanctions, provided it is fully challenged before higher judicial bodies. This is explained by lawyer Pere Lluís Huguet, who assures that in this case « the fines could not be approved for lack of legal support ». This assumption would arise if the Supreme Court overturned the judgment or, if it did so at a later date. The lawyer recalls that « fines that have not been processed and that have been communicated would generally be repealed », provided that the entire decision of the Catalan Supreme Court is appealed. In the event that this is not done in the integrity of the text, each citizen must contact the justice individually if the police levy the tax to leave between one o`clock in the morning and six o`clock in the morning in the municipalities of Catalonia where the law applies. If you were fined during the second phase of the state of alert from 25 October 2020 to 9 May, it is not certain that you will be able to make a complaint, although it appears from the verdict already handed down in the first detention that the Constitutional Court will not change its criteria.
Nevertheless, this period is still doubtful and currently only fines between the period of 14 March and 21 June 2020 can be claimed.class= »text-primary »> During the first state of alert, 1,142,127 sanctions were imposed throughout the country, with the exception of the Basque Country and Catalonia, where nearly 90,000 others were registered. As for the six-month extension, there were at least 220,296 additional fines in mid-March, a year after detention began, according to the Interior Ministry. Civio points out that all these fines were imposed for disobedience to authority, which implies violations of the law on citizen security. In accordance with Article 39 of that regulation, the amount of the fine for minors varies from EUR 100 to EUR 600, while the serious fine may range from EUR 601 to EUR 30 000. The ruling, which was adopted by seven votes in favour and four against, stresses that night curfews were « proportionate to the achievement of a constitutionally legitimate objective of general interest for the social community, such as the preservation of life ». These resolutions respond to the ruling of the Constitutional Court (TC), which ruled that mobility restrictions imposed in the first state of alert, including detention, were illegal, which de facto means that sanctions for violations of these restrictions should be lifted. There are already contentious court rulings that overturn fines imposed by restrictions during Covid-19. If you do not comply with the provisions of the rules issued by the government, you will receive a fine imposed by the National Police of Peru (PNP).
If you do not lift the fine within 5 business days of your sanction, you will not be able to initiate proceedings before a government agency. Do you need a legal team that adapts to each case and situation? We know the news and new judgments so that we can offer our clients the best legal solutions. We have the best lawyers and can help you with your fine claim.class= »text-primary »> Data shows that since the beginning of the pandemic, more than 2 million fines have been imposed for violating agreed rules or restrictions during the pandemic (not wearing a mask, circumventing curfews, prohibited travel, …). Both the Guardia Civil and the national police, the local and regional police (Mossos and Ertzaintza) had the power to impose fines for these reasons. While the file could then be referred to the appropriate CCAA or provincial government delegation, the latter case was treated by them as a violation of the Citizen Safety Act.