Post by account_disabled on Feb 14, 2024 18:19:13 GMT 9
Acan also be argued orally in front of the court it does not represent even in the opinion of the High Court of Cassation and Justice a argument to consider that the motivation of the complaint is not mandatory. The express exception from the grounds of the appeal provided by the abovementioned legal provisions obviously having the nature of a special favorable norm cannot be extrapolated being logical and rational to state that to the extent that the legislator would have wanted the motivation of the initial complaint to be optional would have expressly provided for it.
In addition even keeping in mind the specificity of the contravention Belgium Email List process and in this sense the stipulation contained in Government Ordinance no. of the obligations of the competent court to resolve the complaint regarding the administration of evidence f art. para. from Government Ordinance no. the High Court of Cassation and sense of the expiry of the fixed period of days for formulating the contravention complaint calculated from the date of becoming aware of the existence but also of the content of the contravention minutes handed over or communicated is not of a nature to put the violator in the impossibility of to know and effectively appreciate the grounds on which to substantiate the contravention complaint which leads rationally but also teleologically to the conclusion that the legislator aimed for the motivation of the complaint to be carried out within the same term.
Even in the case of a summary description of the detained deed the petitionerinfringer has the possibility either to invoke the nullity of the contravention report on the grounds that the summary description of the deed is in fact equivalent to the lack of motivation or to contest the commission of the deed briefly described. . Finally similar to the opinions expressed in the.
In addition even keeping in mind the specificity of the contravention Belgium Email List process and in this sense the stipulation contained in Government Ordinance no. of the obligations of the competent court to resolve the complaint regarding the administration of evidence f art. para. from Government Ordinance no. the High Court of Cassation and sense of the expiry of the fixed period of days for formulating the contravention complaint calculated from the date of becoming aware of the existence but also of the content of the contravention minutes handed over or communicated is not of a nature to put the violator in the impossibility of to know and effectively appreciate the grounds on which to substantiate the contravention complaint which leads rationally but also teleologically to the conclusion that the legislator aimed for the motivation of the complaint to be carried out within the same term.
Even in the case of a summary description of the detained deed the petitionerinfringer has the possibility either to invoke the nullity of the contravention report on the grounds that the summary description of the deed is in fact equivalent to the lack of motivation or to contest the commission of the deed briefly described. . Finally similar to the opinions expressed in the.