Penal order

A Penal order A summary penalty order is a special form of judicial decision in criminal proceedings. It allows for the imposition of a criminal sanction without a prior trial. The summary penalty order procedure is intended to simplify and expedite criminal proceedings when the facts of the case are sufficiently clear and an oral trial does not appear absolutely necessary.

What is a penal order?

A summary penalty order allows a court to convict an accused person of a crime without first holding a trial. The summary penalty order includes, in particular, the charge and the specific legal consequence, for example, a fine. fine or – under certain legal conditions – a Prison sentence suspended.

It is important to understand that a penal order is not simply a payment request. It is a court decision and can become legally binding after the objection period has expired. Therefore, a penal order should always be carefully reviewed.

Where is the penal order regulated?

The summary penalty order procedure is regulated in the Code of Criminal Procedure (StPO). The key provisions can be found in Sections 407 et seq. of the StPO.

The procedure generally begins with the public prosecutor's office applying to the competent court for the issuance of a penal order. The court then examines whether the legal requirements for issuing the order are met.

What are the requirements for a penal order?

A summary penalty order is particularly appropriate when, in the public prosecutor's assessment, the facts of the case are sufficiently clear and a decision without a main hearing appears possible. The court must review the issuance of the summary penalty order and can either reject the public prosecutor's application or schedule a main hearing.

The summary penalty order procedure is only permissible for certain legal consequences. These include, in particular, fines. A prison sentence is only possible for up to one year, and even then only if the sentence is suspended and if the accused has legal representation.

What legal remedies are available against a penal order?

An appeal against a penalty order is possible Objection An objection must be filed. The objection period is two weeksThe process begins with the service of the penal order. The objection must be received by the competent court in a timely manner. It can generally be filed without providing reasons. Following a valid objection, a main hearing usually takes place. There, the alleged offense is examined again.

The objection can also be directed only against specific parts of the penalty order, such as the legal consequences. It is not uncommon for an objection to be filed, but limited to the amount of the daily fines.

If no objection is filed within the two-week period, the penalty order becomes legally binding. A subsequent appeal is then only possible under specific legal conditions.

Conclusion

A penal order can terminate criminal proceedings without a prior trial and, in particular, impose a fine. The legal provisions are found in Sections 407 et seq. of the German Code of Criminal Procedure (StPO). Anyone who receives a penal order should carefully examine the decision and, in particular, the two-week objection period. If uncertain, legal advice may be advisable.