A serviceman approached our lawyer after administrative proceedings had been brought against him for allegedly performing military duties under the influence of alcohol during the special period.
The client was represented by a lawyer experienced in administrative offence cases, who carried out a thorough review of the case file and identified serious breaches of the procedure for the intoxication examination.
In particular, the defence drew the court’s attention to the following:
- the medical examination had been carried out without a special technical device;
- no laboratory tests of biological samples had been performed;
- the medical examination documents did not follow the forms required by the special procedure for military personnel;
- the case file lacked the certificate on the results of the medical examination required by law;
- no other proper and admissible evidence had been presented that the serviceman had been intoxicated while performing military duties.
The court agreed with the defence and held that the medical examination report, drawn up in breach of the law, was invalid.
The court also noted that a refusal to undergo an examination had not formed the basis of the charge, and that a court may not change the facts set out in the offence report on its own initiative or look for evidence in support of the charge.
As a result, the proceedings were closed for lack of the elements of an administrative offence.
Professional defence in administrative offence proceedings is more than taking part in the hearing: it means careful analysis of the evidence, respect for procedural safeguards and protection of the client’s rights at every stage of the case.
