Exercise No. 19: Punitive Mandate
Transfer the following verbal description into a BPMN:
a) Upon realizing that a Punitive Mandate has to be issued to the accused person (using Punitive Records Information Systems), the municipal authority send the punitive mandate by post.
b) The Accused Person then is to receive the punitive mandate. A common risk in this step is that the accused person may be absent. Therefore in case the delivery attempt is successful, the accused person takes over the punitive mandate, which is delivered via ‘Proof of deliver RSb’.
In case the delivery attempt is not successful, the postman has to deposit the punitive mandate at the post office. The accused person will then have to take over the punitive mandate from the post office.
c) In the next step, the accused person can raise an objection against the Punitive Mandate. The investigation will begin at this point by the Municipal Authority.
d) The Municipal Authority has then to check the raised objection, which includes considering given statements from the accused person, checking the facts and hearing existence witnesses.
e) After checking the raised objection, the investigation results have to be concluded.
f) At this point, if the investigation is completed, the Municipal Authority may either impose a punitive sentence (punitive mandate) or terminate the proceedings without punishment.
If on the other hand, the investigation is not completed, they have to investigate the objection further and then conclude the final results, which again are the same two possibilities in case the investigation is completed.
g) After concluding the investigation results, the Municipal Authority has to inform the accused person about the investigation results.
h) The accused person then is to receive the Investigation results. At this point, if the accused person wants complain, he can raise a complaint against the investigation results. If on the other hand he does not want to raise a complaint, he has to pay the imposed penalty within the specified time.
For raising a complaint, he has to differentiate between traffic penalties and Parking meters penalties.
If the punitive mandate is traffic penalties, he has to raise the complaint to the administrative court. If on the other hand the punitive mandate is Parking meters penalties, he has to raise the complaint to the Federal Finance Court.
i) The Administrative Court/the Federal Finance Court have then to receive the raised complaint.
j) Upon receipt of the raised complaint, the respective Court has to check whether the complaint is submitted on time or not.
k) In case the complaint is not submitted on time, then the Decision will be considered as final and the respective court will disregard the complaint and send it back to the accused person, which will receive the disregarded complaint and has to pay the imposed penalty (as in the case he didn’t raise a complaint). Upon paying the penalty, the process ends at this step with Punitive Mandate being successfully handled.
l) If on the other hand, the complaint is submitted on time, the respective Court has to investigate the complaint and then arrange a trial to which the relevant persons are summoned. The procedure ends then with a submitted decision from the respective court.