when (and how) they can be challenged with an appeal

In new Dpcm – Decree of the President of the Council of Ministers – Obligation to carry the More expensive even outdoors throughout the national territory. In the masks, the Dpcm should foresee the obligation to always wear it both outdoors and indoors, as some regions already establish (Campania, Lazio, Sicily, for example). But there are some exceptions: you are exempt if you do physical activity (notwithstanding the distance of at least two meters), if you go by motorcycle or bicycle, if you drive alone or with family members.

There are penalties of 400 to 1,000 for violators. Initially, the penalty for those caught without a mask was up to three thousand euros, according to the provisions of the March decree, but at the end of May, when the first emergency had passed, it was lowered to one thousand euros.

Fines masks: how to appeal

The question we ask ourselves is: who is fined for not wearing personal protective equipment where the government and regions require it, can they challenge the sanction if they consider it unfair? The answer is yes, at least in theory. The sanction is open to challenge: Many For violation of anti-Covid measures, in fact, they are administrative sanctions and, therefore, you can appeal to the prefect or the justice of the peace.

Masks and fines outdoors: that’s when they aren’t mandatory

Let’s be clear, first of all. There are times and places when the protective device can be removed. “Masks are not given when you are away from others, for example if you go to the fields, to the orchard, to your own garden,” explained Sandra Zampa, Undersecretary of Health. Even those who ride a bicycle, motorcycle and alone or with their relatives, you can put the mask aside. Other times when the mask cannot be used are walks in the woods and in desolate spaces. The same is true for those who run or play intense sports in open spaces, in parks or on the street. Even those who drive scooters may not wear the mask, but once they get out of the vehicle they must wear it.

“If, on the contrary, you are indoors, in the gym, in the car with friends, on the street with close people and outdoors with other people, it should be used,” said Undersecretary Zampa. In general, the mask should always be worn where there are other people nearby who are not attached. Even with friends, therefore, in open places, it is always mandatory to wear a protective device. It can be removed to eat or drink outdoors, but then you need to put it back if it is near other people. However, it is not still mandatory, in general, for children under 6 years of age and for people with disabilities. On the other hand, everyone is obliged to always carry the mask with them when leaving home.

The “valid reasons” to appeal the fine for not wearing the mask

Those who are fined for not wearing a mask in cases where the government and the regions so require and want to appeal for considering the sanction unfair, must have valid reasons to proceed with the dispute. The Ministry of the Interior explains that “written or defensive documents against the report are admitted (within 30 days in accordance with article 18 of Law 689/81), directly to the investigating body, but in this case, if the thesis defensive, it will not be possible to benefit from the 30% discount or the reduced measure, but the sanction will be determined between the minimum and maximum of the sanction provided. Lgs. 150/11) within 30 days “.

Basically who does appeal must prove to be a person exempt from the obligation to carry the mask. And therefore:

• Children under the age of six;
• Disabled person with pathology incompatible with the mask or a companion;
• Person who was in one of the circumstances in which the outdoor mask can be lowered (for drinking, eating, smoking, during intense sports activity (jogging or cycling);
• Person found in so-called “desolate places”: open spaces where there is nobody, forests, etc.

How to challenge the fine by appealing? Whoever has any of these valid reasons to challenge the administrative sanction must send their defense briefs to the authorities indicated in the fine report, within thirty days of receiving the sanction, via Pec or by registered letter with acknowledgment Of receipt. The defense statement must necessarily contain the reasons for the appeal, the applicant’s personal data, the front / back of an identity document. In detail, the appeal must be sent:

• if the fine for not wearing the mask has been issued by the traffic police, the complaint must be sent to the Municipality;
• if it was issued by the Provincial Police to the Province;
• the dispute must be referred to the prefect or the justice of the peace if the fine has been issued by the State Police, the Treasury Police and the Carabinieri.

Whoever receives the defense has five days to accept or reject the reasons for the appeal. If the appeal is rejected, the authority issues a court order: in this case, the fine will be doubled with respect to the original amount. Within thirty days of notification of the rejection, the appellant may appeal to the justice of the peace.