Penalty order - what to do?

A summary penalty order is a quick way for the public prosecutor's office to conclude criminal proceedings without a court hearing. However, it can have far-reaching consequences. Here you can find out how you should react and what options you have.

1 What is a penalty order?

A penalty order is a Judgment without trial (§ 407 StPO). It is requested by the public prosecutor's office and issued by a judge.

• ContentsFine, driving ban or suspended prison sentence.
• Frequent casesTraffic offenses, fraud, theft or possession of narcotics.

2 What to do if a penalty order is served?

a. Observe the deadline

You have 2 weeks time to lodge an objection to the penalty order (Section 410 StPO). If this period expires, the penalty order becomes legally binding.

b. Keep calm

Hasty reactions are inappropriate. Check the allegations carefully and consult me.

c. Check the penalty order

Check the penalty order for:

• Error in the facts,
• Amount of the fine (daily rates),
• Secondary penalties such as a driving ban.

3. lodging an objection - when and why?

An objection makes sense if:

• The accusation is not true,
• the penalty appears disproportionately high, or
• there are legal errors.

A Objection must be submitted to the court in writing or for the record (Section 410 (1) of the Code of Criminal Procedure).

4 What happens after the objection?

Main hearingAfter the objection, there is usually a court hearing at which you can defend yourself. Just as often, however, you can also rely on a Termination of the proceedings work towards. As an experienced criminal defense lawyer, I will be happy to help you with this.

Possible results:

• Mitigation of the sentence,
• Confirmation of the penalty order,
• Acquittal with a convincing defense.

5. consequences of a legally binding penalty order

If the penalty order becomes legally binding, it has similar consequences to a judgment:

• Entry in the Certificate of good conduct (depending on the amount of the penalty),
• Points in Flensburg for traffic offenses,
• Parole conditions or a fine.

5 When should you consult a lawyer?

Immediately! As an experienced criminal defense lawyer, I can legally examine the penalty order and assess whether an appeal has a chance of success. In this way, you avoid unnecessary risks and maximize your chances.

6. conclusion

A penalty notice should never be ignored. It is worth examining the allegations carefully and lodging an objection in good time if there are any doubts.