Prescription of fines 2024: after how long and what happens when the deadline expires

Fine prescription 2024, after how long? Like any debt, fines for violating the strafa code are also subject to statute of limitations.
Once the deadlines have expired, the right to demand these amounts expires and the person who committed the infringement is no longer feared to pay.
After how long does the right to demand the sums expire? Before proceeding to see how the prescription of fines works, it should be noted that a high fine for an infringement of the highway code may not be paid even if the deadlines for notification are exceeded, i.e.
the period from the moment in which which the infringement was committed and the notification of the fine to the interested party.
In this article we will deal with both types of prescription, that of fines and that of the notification notice.
Guide to the prescription of fines in 2024 What are the notification times for a fine? After how long do traffic fines expire What does the Highway Code say about the prescription of fines What to do if the fine arrives after 90 days? When do notifications expire? How are the 90 days calculated? How long does it take to notify a fine? 90 days is the legal deadline within which notification of traffic fines must take place, in cases where it was not possible to impose the sanction on the spot (think of speed detection with speed cameras).
This term is universal, meaning that it applies to any type of traffic violation: parking restrictions, speeding, wrong-way parking and so on.
The 90 days start from the day following the assessment up to and including the ninetieth day (as specified by the Court of Cassation on numerous occasions).
read also Fine for speeding: how much it costs, points and after how long it arrives.
After how long do road fines become statute-barred? The statute of limitations for road fines starts 5 years after the last notification (article 209 of the Highway Code).
Therefore, if the motorist does not receive any warning or demand for payment within 60 months (therefore 5 years) he will not have to pay the fine because it will become time barred.
What the Highway Code says about the prescription of fines The statute of limitations for traffic fines is established in article 209 of the Highway Code, which states verbatim words: "The prescription of the right to collect the sums due by way of administrative pecuniary sanctions for violations provided for by this code are regulated by art.
28 of law 24 November 1981, n.
689.” The law referred to concerns "Changes to the penal system" and provides the following on prescription: "The right to collect the sums due for the violations indicated by this law is prescribed within five years from the day on which it was the violation was committed.
The interruption of the prescription is regulated by the rules of the civil code." What to do if the fine arrives after 90 days? The fine that is notified more than 90 days after the infringement is committed is void.
However, this nullity is not automatic, on the contrary it is necessary for the Prefect or the Justice of the Peace to declare it.
In other words, it is necessary to present the appeal in the forms and methods required by law.
Therefore, if the fine is notified from the 91st day onwards, in order not to pay, you will still have to request the intervention of the authorities, otherwise you run the risk of receiving a fine from Equitalia with an amount much higher than the original fine.
Violation of this term determines the nullity of the fine.
Only after the pronouncement of the Prefect or the Justice of the Peace can you be sure not to have to pay the traffic fine.
To appeal against the fine, the motorist can choose between two ways: appealing to the Justice of the Peace within 30 days of receiving the late notification (paying the unified contribution, which depends on the amount of the fine); appeal to the Prefect within 60 days (free of charge and via registered mail).
In case of non-acceptance or rejection by the Prefect, you can appeal the decision within 30 days by contacting the Justice of the Peace.
read also What is the risk of those who do not pay a fine? When do notifications expire? As we highlighted earlier, notifications of traffic fines must reach the motorist who committed the infringement no later than 90 days.
If the notification does not arrive within this deadline, the person to whom it refers can challenge the sanction and request its cancellation from the Prefect or the Justice of the Peace.
How are the 90 days calculated? According to consolidated jurisprudence, the 90-day deadline for notification of traffic fines begins from the day following the detection of the infringement (and not from the same day).
For this purpose, the date of dispatch is valid and not the date of arrival at the interested party's post office box; however, if the fine is delivered personally by a City employee, it is considered the day of delivery.
Sundays and holidays are included in the 90 day time frame.
read also Fine received after 90 days: consequences and how to appeal it