In brief

Two weeks from service, no more. An objection needs no reasons and can be limited to particular points. It has one catch: afterwards the court is no longer bound by the sentence in the penalty order.

Section 410(1) StPO: objection within two weeks of service, to the court that issued the penalty order, in writing or on the record at the registry. The period starts on the date the postal worker noted on the yellow envelope. Holidays, illness or a letter left at the wrong door do not change that at first. Anyone who missed the deadline through no fault of their own can apply for reinstatement within one week of the obstacle ending (Sections 44 and 45 StPO).

Without an objection, the penalty order has the effect of a final judgment (Section 410(3) StPO). That is a criminal record with all its consequences.

What happens after the objection

The court schedules a main hearing (Section 411(1) StPO). The defendant may be represented there by counsel holding a written power of attorney (Section 411(2) StPO). If neither the defendant nor authorised counsel appears, the objection is dismissed without a hearing on the merits (Section 412 StPO). This happens more often than people think.

Section 411(4) StPO is important: when giving judgment, the court is not bound by the penalty order. Unlike an appeal, there is no prohibition on a harsher outcome. If the hearing shows a worse picture, the sentence may be higher. The objection can be withdrawn until judgment is pronounced, but once the hearing has started only with the prosecutor’s consent.

Limit rather than attack everything

The objection may be limited to specific points (Section 410(2) StPO). Often the allegation itself can hardly be disputed, but the daily rate has been estimated too high, or a driving ban hits someone who has to drive for work. If the objection is limited to the amount of the daily rate, the court may even decide without a hearing, by order, if everyone agrees (Section 411(1) sentence 3 StPO).

Our approach: we file the objection in time, apply for access to the file and then decide whether to maintain the objection in full, limit it or withdraw it. At this stage a dismissal subject to conditions can often be achieved as well. More on the page received a penalty order.

General explanation, not advice on an individual case. As of November 2026.