Have you unsuspectingly opened your mailbox today and found a penalty order from a district court? We will help you and answer your questions: What should you do if you receive a penal order from the court? Do you have to accept it, or can you object? Under what conditions can you file an appeal? Can you present exonerating facts?
The prerequisites for a penalty order – When can a penal order be issued?
A penal order is a written judgment issued by the court at the request of the public prosecutor's office, without a court hearing. The public prosecutor applies for a penal order if it deems a main hearing unnecessary, particularly in cases of minor offenses and trivial matters.
The penal order procedure has proven to be an effective simplified process in many cases. For the accused, a penal order can have the advantage of quickly concluding the proceedings without a public trial that could attract attention.
The basis for a penal order is the presumed commission of a criminal offense by the accused. The penal order procedure applies to minor offenses – misdemeanors, § 12(2) StGB – and factually straightforward cases (such as traffic-related criminal offenses), where the anticipated penalty is a fine of up to 360 daily rates or imprisonment of up to one year, suspended on probation. The latter additionally requires that the accused has legal representation, § 407(2) sentence 2 StPO.
A procedure that culminates in a penal order is a shortened, written criminal process, §§ 407 ff. StPO. The final decision in the form of a penal order is based solely on the case files and is issued without the taking of evidence in an oral hearing.

The course of a penalty order procedure – Advantages and disadvantages of a non-occurring main hearing
If the public prosecutor assumes sufficient suspicion of an offense, it submits an application for a penal order to the district court, requesting that the penal order be issued as applied.
Once the public prosecutor has filed such an application for the issuance of a penal order with the criminal judge of the locally competent district court, the criminal judge is responsible for deciding the case.
If the criminal judge considers issuing the penal order as applied, which includes a suspended prison sentence of up to one year, they must appoint a public defender for the accused under the conditions of § 408b StPO.
In the absence of sufficient suspicion, the criminal judge can reject the penal order by resolution. The public prosecutor has the right to file an immediate complaint against this decision under § 210(2) StPO. Alternatively, the judge can schedule a main hearing in the penal order procedure. The judge will choose this path if they have concerns about the penal order procedure or wish to impose a different legal consequence than that proposed by the public prosecutor.
The characteristic elimination of an oral main hearing in the penal order procedure may initially seem advantageous, as it avoids the stress of a public and psychologically burdensome main hearing. However, whether a main hearing might be more promising in light of the possible legal consequences and whether filing an objection leading to a main hearing is advisable in your case should be determined through an individual assessment by a specialized criminal defense lawyer.
The legal consequences of a penal order – What can happen?
While a penal order aimed at misdemeanors is limited to fines and suspended prison sentences of up to one year, it can also include other possible legal consequences – such as the issuance of a driving ban under § 44 StGB or the revocation of a driver’s license under § 69 StGB. Additionally, a penal order results in an entry into the Federal Central Register. A penal order issued against you can therefore lead to a criminal record.
Timely action can be crucial in the case of a penal order.
Within two weeks of receiving the penal order, you have the option to file an objection. The objection must be submitted in writing or recorded at the court office, § 410(1) StPO.
If you do not file the objection within the two-week period, your objection will be considered late and may be dismissed as inadmissible by the court through a resolution. You would then have the option to file an immediate appeal against this decision. In cases of complete inaction, the penal order is equated with a final judgment, § 410(3) StPO. Therefore, it is particularly important to contact a lawyer immediately if you receive a penal order.
A timely objection prevents the penal order from becoming legally binding. As a result, you will not have to pay the fine immediately, and additional consequences, such as a driving ban or license revocation, will not take effect for the time being. After a timely objection is filed, a main hearing will usually take place at the district court. During the hearing, you will have the opportunity to present exonerating facts.
Since the court is generally not bound by the penalties requested by the prosecution in the penal order, a timely objection, if the subsequent proceedings are in your favor, can result in relatively lenient outcomes for you. The main hearing may lead to the withdrawal of the penal order, an acquittal, or the termination of proceedings against you under certain conditions or instructions § 153a StPO or due to insignificance § 153 StPO. It could also result in a lesser penalty with fewer or lower daily fine rates.
However, there is also the risk that you could be sentenced to a higher penalty, as the judge is not bound by the penalties outlined in the penal order. Nonetheless, filing an objection is worthwhile in the majority of cases, as a penal order represents a one-sided penalty determination by the public prosecutor's office.
Received a penal order – is consulting a lawyer worth it?
Due to the existing two-week deadline for a possible objection and the fact that an objection to a penal order does not necessarily lead to a more favorable outcome for you, you should act quickly after receiving a penal order – focusing on finding a specialist lawyer for criminal law. Not only the timely filing of an objection against a penal order but also the question of whether such an objection is reasonable in your specific case will be discussed with you competently and efficiently.
To assess the chances and risks of an objection procedure, we request access to the case files and discuss the matter with you to achieve the best possible outcome for you. We file the objection in due form and on time for you and represent you in the scheduled main hearing.