Public order offenses
Providing legal assistance in misdemeanor proceedings in the field of public order.
Who can be held liable for misdemeanors in the field of public order
All persons may be held liable for violations in the area of public order and peace:
The most common misdemeanors in practice in the field of public order and peace
The most common msdemeanors in this area that occur in practice are:
Misdemeanors related to misdemeanors in the field of public order
In addition to classic misdemeanors of disturbing public order, there are also related misdemeanors that are treated much more strictly due to the increased risk to the safety of citizens. These are misdemeanors under the Law on Weapons and Ammunition and misdemeanors under the Law on the Prevention of Domestic Violence.
Misdemeanors under the Law on Weapons and Ammunition
The most common misdemeanors of the Law on Weapons and Ammunition in practice are those related to:
These offenses are often characterized by more severe misdemeanor sanctions due to the increased risk to the safety of citizens.
Misdemeanors under the Law on Prevention of Domestic Violence
The misdemeanors under the Law on the Prevention of Domestic Violence are:
These offenses are distinguished by the fact that the punishment is exclusively imprisonment, and the conviction can be executed before it becomes final.
Sanctions that may be imposed for misdemeanors in the area of public order
All misdemeanor sanctions may be imposed for misdemeanors in the field of public order:
Why is professional defense by an attorney important in misdemeanor proceedings
Professional defense by an attorney is important in misdemeanor proceedings in the field of public order for the following reasons:
1. Prevention of high fines and imprisonment
For certain misdemeanors (e.g. insulting an official in the performance of official duties) high fines are prescribed - from 50,000 to 150,000 dinars, and even imprisonment for up to 60 days. Professional defense focuses on completely exonerating you from liability or, in the worst case, reducing the penalty to a minimum.
2. Knowledge of procedural errors
The competent authorities may make a procedural error (e.g. misdemeanor became statute-barred, mistaken identification, illegally collected evidence). An attorney can recognize these shortcomings and use them to achieve a favorable outcome of the proceedings.
3. Expert presentation of evidence
Not every witness is reliable and not every recording is evidence. An attorney knows which evidence is in favor of and which is to the detriment of the defendant and how to use it in order to achieve the most favorable outcome of the proceedings.
4. Quality defense preparation
The defendant's statement is a key element of the misdemeanor proceedings because everything the defendant states can be used in the proceedings against him. Laypeople often do not know the regulations, their procedural rights and the consequences of certain statements, which is why they unknowingly give statements that make their legal position more difficult. Professional legal assistance before and during the giving of statements allows for control of the content of the statement, protection of procedural rights and avoidance of errors that cannot be corrected later.
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