You have received a penalty order and do not know what to do? We are happy to help you!
The basis of a penalty order is a suspected criminal offense committed by you. The penalty order procedure is used for minor criminal offenses, in which a fine of up to 360 daily rates or imprisonment of up to one year (suspended) is possible as a penalty.
Proceedings that culminate in a penalty order are abbreviated, written criminal proceedings. The final decision in the form of a penalty order is based solely on the case file and does not involve the taking of evidence in the main hearing.
Within two weeks after service, it is possible to appeal the penalty order. Therefore, it is particularly important that you contact a lawyer immediately if you have received a penalty order.
A timely appeal means that the penalty order does not become final. As a result, you do not have to pay the fine for the time being and any secondary consequences, such as a driving ban or the revocation of your driver’s license, do not occur for the time being. After an objection has been filed in due time, a main hearing takes place before the district court. During the hearing before the court, you will have the opportunity to present exonerating facts.
An appeal lodged in good time may, provided the subsequent proceedings are in your favor, result in the penalty order being withdrawn, you being acquitted, the proceedings against you being discontinued subject to conditions or with instructions pursuant to Section 153a of the German Code of Criminal Procedure (StPO) or due to insignificance pursuant to Section 153 of the German Code of Criminal Procedure (StPO), or a lesser sentence being imposed in the form of fewer daily sentences or lower daily sentences.
There is also the risk that you will be sentenced to a higher penalty, as the competent judge is not bound by the penalty of the penalty order. However, an appeal is worthwhile in the vast majority of cases, since a penalty order is a unilateral penalty determination by the public prosecutor’s office.
In order to be able to assess the chances and risks of an objection procedure, we request access to the files and discuss the facts of the case with you in order to achieve the best result for you. We file an objection for you in due form and time and represent you in the scheduled main hearing.