In criminal procedure law, the penalty order enables certain criminal offenses to be punished quickly and in a simplified manner. It is used when the facts of the case are clear and there is no public interest in a trial. The legal basis for the penalty order procedure can be found in Sections 407 ff. of the Code of Criminal Procedure (StPO). Please do not take the penalty order lightly, a penalty order has the same effect as a judgment and should not be underestimated. Everyone should have the right to an oral hearing.

Key aspects of the penalty order

1. Issued by the court: A penalty order is issued by the court at the request of the public prosecutor's office. It usually contains a penalty consisting of a fine or a prison sentence of a maximum of one year.

2. No main hearing: The procedure allows a conviction without a main hearing. This means that the defendant does not have to appear in court if they do not appeal against the penalty order.

3. Content of the penalty order: The penalty order specifies the offense charged, the criminal laws applied and the penalty imposed.

4. Appeal: The defendant can lodge an appeal against the penalty order within two weeks of service. The appeal leads to a main hearing in which the case is retried.

5. Legal force: If the accused does not lodge an objection, the penalty order becomes legally binding and has the effect of a court judgment.

Our role as criminal defense lawyers

• Advice: We provide you with comprehensive advice on the meaning and consequences of a penalty order and support you in deciding whether an appeal makes sense.

• Appeal: If an appeal against the penalty order is appropriate, we will represent you throughout the proceedings, including any main hearing.

• Defense strategy: We develop an individual defense strategy to protect your rights and achieve the best possible result for you.

Contact us Have you received a penalty order? Contact us for professional advice and representation.