Criminal warrant: When you can get it and how to appeal

What is a criminal warrant and conditions

A criminal warrant is one of the branches of criminal proceedings and is a type of decision made by a single judge. It is an abbreviated written procedure without the need for a main trial and therefore without evidence and the parties’ participation. Its purpose is to resolve cases that are not too complex or serious quickly and efficiently. However, several conditions must be met in order for a criminal order to be made.

Criminal warrant – conditions

The conditions for issuing a criminal warrant are regulated by the Criminal Procedure Code. Specifically, there are two conditions:

I. The facts are reliably established by the evidence obtained

This means that all the facts and details of the offence are clearly and convincingly established by the evidence that has been collected. In other words, it is abundantly clear that the offence has been committed because there is sufficient and convincing evidence to prove it.

II. One of the following penalties will be imposed:

• Imprisonment for up to one year, suspended;
• House arrest for up to one year;
• A sentence of community service;
• A penalty of prohibition of activity for up to five years;
• Penalty of prohibition to keep and breed animals;
• Penalty in the form of a fine;
• Penalty of forfeiture of property;
• Expulsion for up to five years;
• Prohibition of residence for up to five years;
• Penalty of prohibition of entry to sporting, cultural and other social events for up to five years.

The punishment of community service and house arrest may be imposed by a criminal order only if the court first requests a report from the probation officer. This report must contain information on whether the sentence can be carried out and the defendant’s opinion on this type of sentence (in the case of community service, it must also contain information on the defendant’s medical capacity). The court shall then take into account the information contained in the report when deciding whether to impose such a sentence.

It also applies that if the court imposes a financial penalty by way of a penalty order, the sum of the financial penalty and any other penalty imposed, including imprisonment or alternative imprisonment to house arrest, must not exceed one year.

Criminal warrants can also be:

• Waive punishment: this is a situation where the court decides not to impose a punishment on the accused, even though he has been found guilty of a crime. It is used only rarely, e.g. in a situation where the accused has committed only a misdemeanour and his efforts to reform and his past life suggest that a trial alone will be sufficient punishment. The court may also resort to this step if the accused has helped fight organised crime by his cooperation.
• Suspended sentence with supervision: this is similar to the above, but in this case the accused is placed on probation supervision for a certain period of time (maximum one year). Various conditions may also be imposed (e.g. prohibition of contact with certain persons, apology to the victim, etc.).
• Waive the imposition of a summary sentence: The court may waive the imposition of a summary sentence if, in the light of the circumstances of the case and the offender’s personality, it considers that the sentence imposed by the earlier sentence will sufficiently fulfil the purpose of the sentence.

Conversely, a penalty order may not be issued:

• In proceedings against a person with reduced capacity,
• where a protective measure is to be decided, or
• where a summary sentence or a joint sentence is to be imposed and the previous sentence was imposed by a judgment.

What a criminal warrant looks like

The criminal order is served on the accused and the prosecutor. The accused receives it in his/her own hands. If the accused has a lawyer, he or she will also receive the warrant. A victim who has asked for compensation for damages, pain and suffering or the return of property wrongly obtained in criminal proceedings will also receive a criminal order. This applies even if a property penalty has been imposed and the victim is not the State and is known. It then takes effect at the time of service on the accused. Let’s take a look at exactly what you will find in it:

• Thename of the court that issued the criminal order.
• Thedate and place where the criminal order was issued.
• Thename of the accused: Name, surname, date and place of birth, occupation, residence and, where appropriate, other identifying information.
• Statement of guilt and sentence imposed: This statement shall contain a precise description of the act of which the accused is found guilty, including the legal classification of that act under the Criminal Code – it must clearly define the offence, the place and time of commission, whether it is a felony or misdemeanour and other facts. The sentence must then specify the specific penalty imposed on the accused, including its type, amount or length.
• Astatement of compensation for pecuniary or non-pecuniary damage or for the recovery of unjust enrichment (e.g. obtained by theft), if the claim for pecuniary or non-pecuniary damage or for the recovery of unjust enrichment has been properly asserted.
• Instructions on the right to lodge a statement of defence, including a warning that if the accused fails to lodge a statement of defence, he or she waives the right to have the case heard in the main trial.
• Instructing the injured party of the possibility of seeking satisfaction of a claim for compensation for damage or non-pecuniary damage caused by the offence or for the release of unjust enrichment obtained by the offence under the law on the use of funds from property penalties, if the criminal order imposes a property penal sanction.

How to appeal – resistance

A criminal order becomes effective (legally valid) if it is not opposed within the time limit. According to the Criminal Procedure Code, this period is 8 days from the date of delivery of the criminal order to the accused. Therefore, if the accused does not agree with the criminal order, he or she must file a statement of opposition. In addition to the accused, the persons entitled to oppose may also file an opposition on his behalf and the public prosecutor.

The opposition must be lodged with the court which issued the criminal order. A brief and clear written statement, which does not need to contain detailed reasons, is sufficient – a statement that the accused does not agree with the criminal order will suffice. Here is a sample of what such a statement of opposition might look like if you are sending it electronically:

Subject: Resistance to a criminal order

Hello,

I, [your name], born [date of birth], residing at [address], hereby submit my opposition to the criminal order issued on [date of the criminal order] by the District Court in [city], case number [file number of the criminal order].

Yours sincerely,

[signature]
[your name]

If the accused or the public prosecutor does not file a statement of opposition within 8 days, the criminal order shall become final and effective. This means that the decision is final and the sentence is enforceable. If a defence is lodged, the order is automatically revoked and the court will order a main hearing to retry the case.

Summary

The criminal warrant is an effective tool for the swift resolution of minor criminal cases, allowing summary proceedings without a main trial. However, in order for it to be issued, it is necessary that the facts are reliably proven and that one of the given penalties is imposed. The criminal order becomes enforceable if no opposition is lodged within 8 days of service on the accused. In the event of resistance, the order shall be revoked and the case shall be heard in the main trial.