Penalty Order

You Have Received a Penal Order (Penalty Order) – What Now?

A penal order (Penalty Order) is a simplified procedure under Sections 407 to 412 of the German Code of Criminal Procedure (StPO) that allows the court to impose a penalty without a full trial. Penal orders are commonly used for less serious offences and typically impose fines measured in daily rates (Tagessätze). However, a penal order can also impose a suspended prison sentence of up to one year, a driving ban, or the revocation of a driving licence. If not contested, the penal order has the same legal effect as a binding criminal judgment.

Your Rights and Options

After receiving a penal order, you have exactly two weeks to file an objection (Einspruch). If no objection is filed within this period, the penal order becomes final and enforceable – equivalent to a criminal conviction. Filing an objection is free and leads to a full trial before the competent court, where you have all the rights of a defendant in regular proceedings. It is also possible to limit the objection to the penalty imposed while accepting the finding of guilt. This critical two-week deadline makes immediate legal advice essential upon receipt of a penal order.

How BAFTEH Strafverteidigung Can Help

Deciding whether to object to a penal order requires careful analysis of the evidence, the legal classification, and the proposed penalty. At BAFTEH Strafverteidigung, we review the prosecution file, assess the prospects of a successful defence at trial, and advise on whether filing an objection is in the client’s best interest. In many cases, an objection can lead to a significantly better outcome – including acquittal, a reduced penalty, or discontinuation of the proceedings. Do not let the two-week deadline pass without seeking legal advice.

Penalty order: effect, deadline and objection

What is a penalty order?

The penalty order (Penalty Order) is a written procedure without a trial (§§ 407 ff. StPO). It can impose a fine, a driving ban, the withdrawal of a driving licence and – where a lawyer is involved – even a suspended custodial sentence of up to one year. Once final, it is equivalent to a judgment.

Objection deadline: two weeks

You can object to the penalty order within two weeks of service (§ 410 StPO). If the deadline is missed, the penalty order becomes final. Where the deadline was missed through no fault of your own, reinstatement may be possible.

Strategic options

The objection can be limited to individual points – for example the amount of the daily units. After file access the matter can often still be resolved without a public trial. Before the deadline expires, always have it examined whether an objection makes sense.

Note: This information is general and does not replace advice in an individual case.

This information does not replace a review of the individual case. In criminal proceedings, the defence strategy depends substantially on the case file, the specific allegation and the evidence.