Summary penalty order proceedings in Germany: An overview for defendants

If you have received a summary penalty order, you are subject to simplified criminal proceedings, which are mainly used in Germany for less serious offenses. In this article, as a criminal defense lawyer, I explain what you need to pay particular attention to and which steps are crucial for you.

1. course of the summary penalty order proceedings 
The summary penalty order proceedings usually begin with an application to the court by the public prosecutor's office. This is a written decision that can be issued without a main hearing. A penalty order contains a penalty, such as a fine, a driving ban or, in rare cases, a suspended prison sentence. For you as the accused, it is particularly important that you must lodge an objection within two weeks of being served. If this period expires, the penalty order becomes final and the sentence is binding. A timely objection is therefore crucial in order to preserve your defense options.

2. common offenses 
Penalty orders are often used for offenses such as theft, minor assault and traffic offenses. Especially in the traffic sector, speeding and drunk driving are typical offenses that are punished by penalty orders. Drunk driving often leads to fines and driving bans. In such cases, a detailed examination by a criminal defense lawyer is necessary in order to assess whether an appeal makes sense.

3. role of the criminal defense lawyer 
The central task of the criminal defense lawyer is to examine the prospects of success of an objection. The aim is to develop the best defense strategy and avoid unnecessary risks. The evidence, the seriousness of the offense and possible mitigating circumstances are taken into account. In some cases, it may make sense to accept the penalty order, while in others the defense can be strengthened by an appeal. In this case, it is essential to contact an experienced criminal defense lawyer at an early stage.

4. strategies for lodging an objection 
It is often advisable to first lodge an objection to the penalty order within the deadline. This means that you should lodge an objection within the two-week period in order to gain time for a thorough examination. A typical example of this is a drunk driving case: a client received a penalty order for drunk driving, which included a driving ban of three months. By lodging an objection, the proceedings could be heard in court with the aim of shortening the driving ban. This was successful and the appeal was subsequently withdrawn. In other cases, such as speeding, an objection can also be useful in order to negotiate a reduction in the penalty or mitigating circumstances.

If the examination by the defense lawyer shows that the penalty order is in order, there is always the option of withdrawing the objection. This is particularly advisable if the sentence is lenient and the chances of success in court proceedings appear low.

Take action!

 If you have received a penalty order, you should act quickly. The two-week objection period runs from the date of service and cannot be extended. Therefore, fill out the form below this article as soon as possible in order to receive sound advice and defense in good time. The faster we examine your case, the better we can assess your chances of a successful defense.