The Code of Administrative Offenses of the Republic of Lithuania provides that the investigation of administrative offenses and the adjudication of cases are based on fundamental procedural principles—the presumption of innocence, equality before the law, proportionality, due process, expediency, and the prohibition against worsening a person’s situation solely because they have appealed a decision (non reformatio in peius). This principle is one of the most important guarantees of the right to defense for a person facing charges. Its essence is that a person should not be afraid to defend their rights simply because filing an appeal might worsen their situation. If that were the case, the process itself would no longer comply with the principles of justice and fairness.
“The principle ofnon reformatio in peiusensures that a person is free to exercise the right to appeal a decision that they consider unlawful or unfounded. A person’s legal situation cannot be worsened simply because they filed an appeal,” notes Domantas Velykis, an attorney with the AVOCAD law firm.
This principle must be observed at all stages of the proceedings in an administrative offense case—in the court of first instance, on appeal, and during the reopening of the case, as well as when the case is remanded for a new trial. However, it is important to note that the prohibition against worsening a person’s situation is not absolute.
A court of first instance may only worsen the situation of a person subject to administrative liability if a complaint has been filed by the victim. In the appellate instance, this may be done only if the appeal is filed by the authority that issued the decision in the administrative offense case through non-judicial proceedings, the authority whose official conducted the investigation of the administrative offense, or the victim.
In other words, if only the person subject to administrative liability appeals the decision, the court may not, based solely on this appeal, impose a more severe penalty or otherwise worsen that person’s legal situation. However, if the victim or an institution also files an appeal, the court has the right to issue a harsher decision—for example, to impose a more severe administrative penalty or to overturn a more lenient sanction.
How is it determined whether a person's situation has worsened?
When assessing whether the principle ofnon reformatio in peiuswas violated, the comparison is not between the theoretical possibility of reaching a different decision and the actual procedural decisions that were made.
The analysis examines whether the new solution:
- restricts a person's rights to a greater extent;
- imposes additional obligations or restrictions;
- provides for stricter administrative liability;
- imposes a more severe administrative penalty or administrative sanction;
- finds the person, against whom the case was dismissed, guilty;
- awards a higher amount of damages or otherwise worsens his legal position.
As D. Velykis points out, mere assumptions that the situation could have been worse are not enough—a violation of the principle must be established in practice by comparing the specific decisions that were made.
Lithuanian Supreme Court: The situation worsened even after one restriction was lifted
In a recent case before the Supreme Court of Lithuania, the court considered a case in which the police fined an intoxicated driver 800 euros, suspended his driver’s license for six months, and prohibited him from driving vehicles not equipped with alcohol-interlock devices for twelve months. The individual appealed this decision, requesting that the period of the driving suspension be reduced to three months and that the prohibition on driving vehicles without alcohol ignition interlock devices be lifted.
The district court overturned the ban but, at the same time, extended the period of the driving suspension from six to twelve months. The regional court upheld this decision. The Supreme Court of Lithuania ruled that the case had been heard solely on the basis of an appeal filed by the person subject to administrative liability, and therefore the court had no right to worsen his situation. Although one administrative sanction was overturned, the extension of the driving suspension to twelve months effectively constituted a more severe restriction of the person’s rights.
Consequently, the Supreme Court of Lithuania found that the principle ofnon reformatio in peiushad been violated, determined that there had been a fundamental violation of procedural law, and overturned the decisions of both the district and regional courts.
“This ruling reaffirms that the right to appeal a decision cannot result in the risk of facing harsher consequences. This is one of the most important procedural safeguards ensuring a person’s right to an effective defense,” concludes Domantas Velykis, a lawyer at AVOCAD.