Leaving fines behind in different countries

cjthecrow

If a fine was given to a person say for not having a ticket for traveling or a legal fine of drunk and disorderly (you know not large fines) does that fine stay with the person if they leave the country. Say the police have a copy of ones passport or drivng licence does that fine get transferred to the police force in the country the person moves to. Like if the person went from a civil law system i.e Italy, Spain and went to a common Law system i.e Ireland and never went back, what happens with the fine?

Delancey

By and large they get away with it though do bear in mind that fines in Northern Ireland will soon be enforceable in the Republic and vice versa , same for M50 Tolls I believe.
The real killer is that if you skip a country without paying a fine you could be arrested if you ever go back there - happened to someone I know who lived in Germany.

cjthecrow

Hmm that makes sense, but when they go back to the country would they just have to pay the fine? or would it be more serious? Does it matter if they move to a different legal system? A friend of mine got fined for public urination in Italy i think, the document they gave him had his name mis spelled, d.o.b, the number of an out of date driving licence and a wrong phone number. Surely the authorities could fine him in ireland if they passed the info along? I think he managed to get away with it but i thought that the police shared info?

Our man in Havana

There is nothing the Irish authorities could do. Italy could issue a European arrest warrant if they wanted to. Highly unlikely thou.

dermot_sheehan

Some parking/road fines are regarded as civil debts (they are in ireland), so can be collected through cross border recognition of judgements.

Some criminal fines will automatically lead to an arrest warrant being issued. Whether it can be enforced in Ireland depends on if it carries more then 4 months in default of the fine, if the offence is a crime under the laws of ireland and if the state in question can be bothered to issue a european arrest warrant.

Victor

Also note that some countires in Eastern Europe have mandatory prosecution, so a minor offence will result in a Euorpean Arrest Warrant. While it may not be accepted in Ireland because it is a minor offence, be wary of where you go on holiday - anywhere in Europe.

So pay the fine.

cjthecrow

In civil law countries when being fined for a minor offence (i.e drunk and disorderly) and brought to a police station do you have to have your rights read to you even if you aren't cuffed?

Also is their a duty of care from the Officer as in Common law?

I.e if in a common law system you are fined with being drunk and disorderly at the station then the police will make sure you get home ok, or sleep it off in the cell, are ask if you are capable of making it home.

I saw in Civil law that if fined with being too drunk (and being discribed as no control over their lower limbs) the person was escorted out of the police station and made walk home unsupervised. Surely this would make himself a treat to himself and those arounds if he is being fined for being that drunk?

Im very interested to see what your response is to that, i like to think of it as being a loop hole to get out of the fine. what do you think?

Zambia

What you describe is really duty of care issue and as I see it not connected to the Offence really.

Just to clarify

A person is arrested for being drunk in a Public place.

Person is brought to a police station and charged with being drunk in a public place.

That person without being held for a period of time to sober is released back out into a public place.

Now if you where arrested again after this I would see a reason to get of the second fine as you should not be charged twice for the same act or omisson. Well thats under the law here anyway.

But if you could clarify the example with a country and the law that ws broken that would be super.

cjthecrow

Zambia232 wrote: »

What you describe is really duty of care issue and as I see it not connected to the Offence really.

Just to clarify

A person is arrested for being drunk in a Public place.

Person is brought to a police station and charged with being drunk in a public place.

That person without being held for a period of time to sober is released back out into a public place.

Now if you where arrested again after this I would see a reason to get of the second fine as you should not be charged twice for the same act or omisson. Well thats under the law here anyway.

But if you could clarify the example with a country and the law that ws broken that would be super.

Italy, so Civil law. Unfortunetly I have only studied common law which is quite differenct.

Surely if your being charged with being so drunk you can't talk or walk properly the police should hardly let you walk home alone or with another drunk person out of the possibility said person(s) could hurt themselves or others. Surely the police should have kept them in the station to sleep it off? or walked them home if they are going to fine them for being drunk. Other wise there should not have been a problem?