Objection to Administrative Fine

What is an Administrative Fine?

Administrative fine is a type of administrative sanction regulated in the Misdemeanour Law No. 5326. For example; acts such as gambling, polluting the environment, carrying weapons without a licence, traffic violations are subject to administrative fines.

Municipalities, Police, Social Security Institution, etc. administrative institutions may impose administrative fines without a court decision. In order for administrative authorities to be able to impose these sanctions, it is required that the law explicitly permits and the authority to impose the sanction is granted to the administration.

What are the differences between judicial and administrative fines?

Judicial fine is a type of sanction regulated in the Turkish Penal Code (TCK). Unlike administrative fines, judicial fines can only be imposed by the courts. In addition, if the judicial fine is not paid, it may turn into a prison sentence, while this is not the case in administrative fines. Another difference is that while judicial fines are recorded in the person’s registry, administrative fines are not recorded in the person’s registry.

What is the Procedure for Appealing an Administrative Fine?

The first thing to object to the administrative fine is whether there is an additional sanction decision in addition to the administrative fine in question. If there is no additional sanction decision, the objection must be made to the Criminal Court of Peace within 15 days at the latest from the notification by applying to the general appeal procedures. If there is an additional sanction, for example; if a decision to close the workplace has been made in addition to the administrative fine, the competent appeal authority is the Administrative Court.

A. What are the Special Cases Requiring Filing an Appeal Case at the Administrative Court?

• According to Article 25 of the Environmental Law No. 2872, an action for cancellation of the administrative sanction decisions in this law can be filed with the Administrative Court within 30 days at the latest as of the notification of the decision. This lawsuit does not stop the collection of the fine imposed by the administration.
• For the cancellation of administrative fines issued within the scope of the relevant law of the Zoning Law No. 3194, an action for cancellation can be filed at the Administrative Court within 60 days at the latest from the notification of the minutes.
• In order to appeal the administrative fines imposed by the Social Security Institution within the scope of the Social Security and General Health Insurance Law No. 5510, the administrative appeal procedures in the special law must first be exhausted. First of all, the Administrative Fine Commission in the Social Security Institution should be applied within 15 days. If a rejection response is received by this commission, then a lawsuit can be filed in the Administrative Court.

B. Is it possible to object after the time has passed?

Administrative fines, the payment period of which is not regulated separately in the laws, must be paid within one month from the notification. This payment can be collected by the public official who imposed the administrative fine for the misdemeanour as long as the person concerned consents. Making this payment does not prevent the person from applying for legal remedy.

It is possible for the person to object to the administrative fine imposed. The person may appeal by applying to the Criminal Court of Peace within 15 days at the latest from the date of notification and announcement of the administrative fine. If the person passes this period, in the presence of force majeure, the person may apply against the decision within seven days at the latest from the occurrence of this reason. This application of the person does not prevent the finalisation of the decision, but the court may stop the execution. The person must state the reason for the objection and the force majeure that caused the delay in the petition.

In these two cases and in special cases, the administrative fine in question becomes final upon the failure of the person concerned to apply within the specified periods. In addition, with the expiry of the investigation statute of limitations, the person can no longer be subjected to an administrative fine (Article 20 of the Law on Misdemeanours) . ( Article 21 of the Law on Misdemeanours)

Some Administrative Fines and Appeal Procedures

How to Appeal Against a Traffic Fine?

Traffic administrative fines must be paid within one month from the notification of the report. Otherwise, this penalty is finalised. If paid within this one-month period, the fine is reduced by 25%. Advance payment does not prevent the person from applying for legal remedy.

Administrative fines written in the Traffic Administrative Fine Decision Record can be paid to the accounting units affiliated to the Ministry of Treasury and Finance, tax offices and through banks and PTT authorised by the Revenue Administration of the Ministry of Treasury and Finance.

The documents required to appeal traffic administrative fines are regulated by law. Accordingly, the required documents are as follows:

• Photocopy of the notification of the traffic administrative fine decision report
• Photocopy of the traffic administrative fine decision report
• Photocopy of the licence certificate of the vehicle for which a traffic ticket was issued
• Photocopy of the vehicle owner’s driving licence and identity card
• If the fine has been paid, bank receipt of the payment

The person may apply to the Criminal Court of Peace with these documents within fifteen days at the latest from the date of notification of the decision. Citizens can appeal within fifteen working days from the date of issue for fines read to the face, and within ten working days from the date of notification to the person for fines written on the licence plate.

How to Appeal a Drunk Driving Penalty? Is it possible to get the driving licence back?

According to the Road Traffic Law, there is a promil limit and penalty scoring for driving under the influence of alcohol. If the person’s alcohol content is below 0.20 promil on the date of the violation, the person receives 20 penalty points along with a fine. If the penalty point reaches 75 points on the date the person commits the rule violation, the driving licence is withdrawn for two years.

In our country, the promile limit for private vehicles is 0.50 and the promile limit for commercial vehicles is 0.20. If the driver has these values as a result of the breathalyser test, he/she is punished with a fine in accordance with Article 48/5 of the Highway Traffic Law No. 2918, his/her vehicle is banned from traffic and his/her driving licence is taken by the traffic police for six months.

If the same driver commits the same offence, he/she shall be punished with a fine, his/her vehicle shall be banned from traffic and his/her driving licence shall be taken by the traffic police for two years. If the same driver commits this violation for the third time, he/she shall be punished with a fine as stated in the relevant article, his/her vehicle shall be banned from traffic and his/her driving licence shall be taken back by the traffic police for five years. In addition, a light imprisonment sentence of not less than six months is applied.

Legal action will be taken in accordance with the Turkish Penal Code against persons who cause an accident due to driving while the specified promile levels are present. In addition, an administrative fine of 18,452 Turkish Liras (this amount may vary) will be imposed on drivers who do not accept the use of technical devices by law enforcement officers to determine the promillage amount, and their driving licences will be revoked for two years.

The objection to the penalties imposed for drunk driving can be divided into two as objection in criminal proceedings and objection in administrative proceedings. If the ‘offence of endangering traffic safety’ under Article 179/3 of the TPC has occurred, the Criminal Court of First Instance is in charge in this case. If the decision of the Criminal Court of First Instance is to be appealed, the conditions of appeal in Article 272 of the Criminal Procedure Code are examined and if these conditions are met, the legal remedy of appeal can be applied within seven days from the announcement of the judgement in accordance with Article 272 of the Criminal Procedure Code.

The person subjected to administrative sanction may appeal to the Criminal Judge of Peace with a petition. The person may apply to the Criminal Judge of Peace within fifteen days at the latest from the date of notification, or from the date of receipt of the report if the report has been issued. If the person thinks that the breathalyser is faulty, he/she can have his/her alcohol level measured at an official health institution by annotating the document.

The fact that the fine has been paid by the person does not prevent the person from filing a lawsuit for cancellation. If it is decided to be cancelled, the person will be able to get the money back.

What Can I Do Against the Penalty Given for Illegal Betting?

Illegal betting is considered a misdemeanour and therefore an administrative fine is imposed on people who place illegal bets. ‘Playing’ illegal betting constitutes a criminal offence and is the subject of Criminal Law. Gambling is also subject to different sanctions under the titles of playing and gambling.

It is possible to appeal against administrative fines imposed for illegal betting and gambling misdemeanours. According to the regulation in the Law on Misdemeanours, an objection must be made to the Criminal Judge of Peace within fifteen days from the notification or announcement of the relevant decision. If this administrative fine is not paid, it is collected through forced execution, which is a financial sanction. In case this administrative fine is paid to the tax office without objection and without applying to the court, a discount of one quarter is provided to the person.

In the case of illegal betting, the investigation statute of limitations is three years (this period may vary.) This is an important period. When the notification report is received, the three-year statute of limitations should be checked. If this period has passed during the appeal, it may be decided to lift the penalty.

How to Object to Indoor Smoking Penalties?

According to the penalty provisions of the Law No. 4207 on Prevention and Control of Harms of Tobacco Products as amended by Law No. 6487

• Closed areas of public service buildings,
• In the indoor areas of all kinds of educational, health, production, commercial, social, cultural, sports, entertainment and similar purposes, including corridors, of buildings belonging to private law persons and where more than one person can enter (except for residential dwellings),
• In the driver’s seats of private vehicles and in road, rail, maritime and air public transport vehicles, including those providing taxi service,
• Indoor and outdoor areas of pre-school education institutions, primary and secondary education institutions, including classrooms, private education and training institutions, cultural and social service buildings,
• Restaurants owned by private law persons and establishments providing entertainment services such as coffee houses, cafeterias, breweries,
• Places where all kinds of outdoor sports, culture, arts and entertainment activities are held and their viewing places

Those who consume tobacco products shall be subject to the administrative fine stipulated in Article 39 of the Law on Misdemeanours. In addition, the local local authority (governor or district governor) shall impose an administrative fine on those responsible for the establishment who fail to fulfil their obligations regarding the implementation of the prohibitions and taking the measures specified in the first, third, fourth and fifth paragraphs of Article 2, except subparagraph (a).

In case of repetition of the acts requiring the above-mentioned penalties within a one-year period, the administrative fine shall be increased by one fold; in case of the second repetition, it shall be increased by two folds. In the third repetition in the same period, the workplace is closed from ten days to one month.

The competent court for the objection to the administrative fines mentioned above is the Criminal Judgeship of Peace in the place where the fine was imposed. This objection must be made within fifteen days from the notification of the penalty report. If administrative fines as well as closure penalties have been imposed, the person will be able to claim the damages that can be causally linked from the administration.

Is Selling Alcohol Under 18 Penalised? How to Appeal Against These Fines?

The procedures and principles regarding the sale and presentation of alcoholic beverages and tobacco products are regulated by the Regulation. According to the relevant Regulation, tobacco products or alcoholic beverages cannot be sold or offered to persons under the age of eighteen, regardless of whether they are intended for consumption or not. In case of doubt in this regard, the identity information of the person may be requested.

Another issue in the same Regulation is that the warning letters that this sale and presentation cannot be made must be present in the workplace in a visible and readable manner. Otherwise, an administrative fine will be imposed.

If under 18 years of age alcohol is sold or served, there are two situations that we need to consider. Is the health of the child endangered as a result of this harmful substance sold or not?

If the health of the child is not endangered, an administrative fine will be imposed in accordance with the Law No. 4250 on Isporto and Isportable Drinks. If the health of the child has been endangered, the administrative fine in the Law No. 4250 on Isporto and Isportolated Liquor Excise will be imposed together with the administrative fine in Article 194 of the Turkish Penal Code for the offence of Supplying Dangerous Substances for Health.

Why Us?

As Güneş & Güneş Law Office, we offer professional legal consultancy to our clients with our expert team of lawyers, deep experience and extensive knowledge in the field of Administrative Law. We work meticulously to ensure that our clients achieve the best result by effectively defending their rights regarding administrative fines. We are at your side with our mission to provide our clients with a reliable and effective solution by minimising the complexity of legal processes.

Frequently Asked Questions