Received a German penalty order? You have only two weeks to file an objection – after that, the penalty order becomes final and has the same effect as a criminal conviction after trial. Before you pay or accept anything, have a criminal defense attorney review the file.
What is a penalty order?
A Penalty Order is a written criminal sanction issued by a court at the request of the public prosecutor’s office – without a trial and without you being heard in person. It is used for less serious offences and typically imposes a fine calculated in daily rates (Tagessätze), and in traffic cases often a driving ban or the withdrawal of the driving licence.
It becomes legally binding without a trial
If you do not object within two weeks of formal service, the penalty order becomes final (rechtskräftig). You are then convicted – with all consequences: entry in the Federal Central Criminal Register (Bundeszentralregister), possible entry in the certificate of conduct (Führungszeugnis) depending on the sentence, and consequences for employment, immigration status or firearms and other permits.
The two-week objection deadline
The objection (Einspruch) must reach the court within two weeks of service. The deadline starts when the order is delivered – also when it is placed in your letterbox by formal service (Zustellung). If you were unable to observe the deadline through no fault of your own, reinstatement (Wiedereinsetzung) may be possible, but this is the exception, not the rule.
Why accepting without file access is risky
The penalty order is based solely on the case file – the court has not heard your side. The number of daily rates may be too high, the daily rate amount may be based on an incorrect estimate of your income, or the evidence may be weaker than the prosecution assumes. None of this can be assessed without reviewing the file.
Defense options
After file access we advise whether to pursue a full objection (aiming at acquittal or dismissal of the case, where appropriate against conditions under Section 153a StPO), or an objection limited to the legal consequences – for example to reduce the daily rate amount or to avoid a driving ban. An objection can be withdrawn before the hearing, so filing it first to preserve the deadline rarely makes things worse – but this, too, should be decided with a lawyer.
Criminal defense in Bonn and throughout Germany
We represent clients in penalty order proceedings before the Bonn Local Court (Amtsgericht Bonn) and courts throughout Germany – in English. Office: Prinz-Albert-Straße 63, 53113 Bonn.
Frequently Asked Questions
What is a penalty order in Germany? A Penalty Order is a criminal sanction issued in writing, without a trial. If no objection is filed within two weeks, it has the effect of a final conviction.
What consequences may follow? A fine in daily rates, a driving ban or licence withdrawal, an entry in the Federal Central Criminal Register and – depending on the sentence – in the certificate of conduct.
Should I simply pay the fine? Not before a lawyer has reviewed the file. Paying means accepting a criminal conviction whose basis you have never seen.
Can I object only to the amount? Yes. The objection can be limited to the legal consequences, for example the daily rate amount – often a sensible middle course.
Each case depends on its individual circumstances. This page provides general information and does not replace legal advice in your specific matter.
Two weeks – then it is final. Call us before you accept: 0228 504 463 36 (24/7).