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Fines, if the photo is missing, will the penalty be canceled? The new rules – RB

Fines, if the photo is missing, will the penalty be canceled? The new rules – RB

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Fines, if the photo is missing, will the penalty be canceled? The new rules – RB

Fines, if the photo is missing, will the penalty be canceled? The new rules – RB We have explained the details of the news, step by step, below. Fines, if the photo is missing, will the penalty be canceled? The new rules – RB Keep reading our news. Here are all the details on the subject.

Fines, if the photo is missing, is the penalty canceled? The new rules – RB

With the arrival of the new year, the rules of the Highway Code change. In particular, some rules of the part concerning infringements, irregularities and sanctions are modified. It is not the work of the government, which in Mario Draghi’s first budget law did not insert any changes that could affect the millions of Italian citizens who drive every day.

In fact, the sentence of a judge determined the change in regulations. In fact, as happens more and more frequently in our country, the burden of verifying the practical application of the theoretical laws approved by politicians falls to the judicial bodies. With all the inevitable repercussions (not always negative, as explained below) that there are in the transition from the abstract to the concrete .

Fine canceled if photo is missing? The sentence

And so it happens that from 2022 the fines made with the automatic speed camera can be canceled in the event of an appeal if specific conditions exist. In fact, if the person who raised the sanction cannot produce in court the photo used to prove the sanction of the Code of road, the person responsible for the infringement can contact the competent local Court and request the cancellation of the proceedings to his / her load.

This was established by a sentence issued by the Court of Cassino , in Lazio. Specifically, it was the justice of the peace who spoke about a registered infringement in the province of Frosinone . As with all the irregularities reported by fixed-position speed cameras, the report had been drawn up later by the Ciociarian town hall office where the irregularity had occurred.

The fine canceled through sentence number 2430 it was made for speeding in a town of Frosinone, following the examination of the photographic evidence taken by device positioned at the edge of the carriageway. There was therefore no agent on the spot when the car was passing: the report was therefore drawn up later in the office where the investigations take place.

Fine canceled if photo is missing? The previous

The motorist had therefore thought of turning to the local court, asking that his responsibility be clearly ascertained, of which it was difficult to have certain proof as there was no photograph about. “For this reason – the text of the sentence reads – the proposed report has no privileged faith”.

The judge continues by specifying that “with respect to the alleged infringement contested, this is an assessment carried out through an inspection activity of verification of the instrumental survey and related photographic documentation “. Therefore, the justice of the peace finds that “the report in question provides the judicial authority with elements that become the object of its free appreciation “. In other words, as there is no photographic evidence of what happened, the judge reserves the right to confirm or cancel the sanction.

The case of the Court of Cassino is not an isolated case. Other similar situations had already come to the headlines during the last few years, but never before had a sentence traced so clearly and unequivocally the limit of discretion of a judge. In Italy there are tens of thousands of cases similar to this every year: most citizens end up passively undergo the decision , paying the fine without even carrying out the related investigations.