If you have received a penalty order for fraud (Penalty Order, Section 263 of the German Criminal Code), you should not pay the requested amount or make any statement before a lawyer has reviewed the case file. You can object to a penalty order within two weeks of service. If you miss this deadline, the penalty order becomes final and has the same effect as a court judgment. Attorney Philip Bafteh defends clients in penalty order proceedings for fraud in Bonn, Cologne and throughout Germany.
What a penalty order for fraud means
A penalty order is a written conviction issued by the local court on application of the public prosecutor, without an oral hearing. For fraud it usually imposes a fine expressed in daily rates (Tagessätze); in more serious cases a suspended prison sentence is possible. It is based solely on the case file.
The two-week objection period
From the date of service you have two weeks to file a written objection. The objection does not need to be reasoned to meet the deadline. Only after the objection and case file review can the strength of the allegation and the right strategy be assessed.
Fine, daily rates and criminal record
The fine is set in daily rates: the number reflects the seriousness of the offence, the amount of each rate reflects your net income. From 91 daily rates onwards an entry in the certificate of conduct (Führungszeugnis) and thus a criminal record is possible. An objection limited to the number or amount of daily rates can therefore be worthwhile.
Defence options for a fraud allegation
Fraud under Section 263 depends on deception, error, disposition of assets, financial loss and, above all, intent. Common approaches include challenging intent, doubts about the evidence, the actual amount of loss, and discontinuation against conditions (Section 153a) or for minor guilt (Section 153). Whether and when to make restitution should be decided only after reviewing the file.
Frequently asked questions
How long do I have to object? Usually two weeks from service of the penalty order.
Can I limit the objection to the daily rates? Yes, the objection can be limited, for example to the amount of the daily rates.
Does a penalty order for fraud lead to a criminal record? From 91 daily rates or a prison sentence an entry is likely.
Further reading: Penalty Order in Germany, Fraud (Section 263), Police Summons, Emergency Defence.
This article provides general information and does not replace advice in an individual case.