What is a penalty order?

A penalty order is a court decision that is issued without a trial and usually involves fines or driving bans. It is issued at the request of the public prosecutor's office.

Can I lodge an appeal against a penalty order?

Yes, you can lodge an objection within two weeks of receiving the penalty order. The proceedings will then continue in court and a trial will be held.

What happens if I do not lodge an objection?

If you do not lodge an objection, the penalty order becomes legally binding and has the same effect as a judgment. The penalty set out in the penalty order must then be accepted.

What penalties are possible in a penalty order?

Typical penalties are fines, driving bans or disqualification from driving. Prison sentences can only be imposed for up to one year and only on probation.

Should I always lodge an objection?

An objection does not always make sense in the end. However, an objection should always be lodged within the time limit - it can still be withdrawn without the threat of disadvantages. Your lawyer will check whether the chances of success are good or whether the penalty order is perhaps even more favorable than a trial.

What happens after the objection?

After the objection, there will be a main hearing in court. There, all the evidence will be examined again and you will have the opportunity to defend yourself.

Can I withdraw the objection?

Yes, the objection can be withdrawn at any time before or during the hearing. Sometimes it can make sense to lodge an objection within the deadline and withdraw it later.

Will the objection cost me anything?

Yes, if the objection is unsuccessful, you will have to pay the costs of the proceedings and your lawyer's fees. Your lawyer can explain the risks and opportunities to you in detail.

Can the judge impose a higher sentence during the trial?

Yes, there is a possibility that the court will impose a higher sentence after the trial than the one in the penalty order. Your lawyer will inform you about this risk.

Can I reach an out-of-court settlement during the proceedings?

Yes, in many cases an agreement with the public prosecutor's office can be sought in order to achieve a more favorable result. Discuss this with your lawyer.

What documents does my lawyer need?

The penalty order, personal documents and possible evidence that could exonerate you are important. Your lawyer will tell you exactly what is needed.

What happens if I live abroad?

You can also lodge an objection from abroad and a lawyer can represent you. In some cases, a hearing may even take place without your personal presence.

How long does the procedure take after an objection?

The proceedings can take several months, depending on the court and the complexity of the case. Your lawyer will keep you informed of the progress.

What does a fine in daily rates mean?

The fine is set in daily rates based on your income. One daily rate corresponds to approximately one thirtieth of your monthly net income.

Can I change my lawyer?

Yes, you can change lawyers at any time. Please note, however, that this may incur additional costs, which your new lawyer will discuss with you.

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