Penalty Order (Strafbefehl) and the Penalty Order Procedure in Germany
The penalty order procedure (Sections 407 et seq. StPO) is a simplified process for prosecuting minor offences. Unlike regular criminal proceedings, there is no oral main hearing; the court decides on the basis of the file. The purpose is to relieve prosecutors and courts.
Under Section 407 (1) StPO, the procedure is permitted for misdemeanours (vergehen) within the jurisdiction of the single judge or lay judges’ court. The following sanctions may be imposed individually or in combination (Section 407 (2) StPO):
- • Fine
- • Admonition with reservation of punishment
- • Driving ban
- • Forfeiture
- • Confiscation
- • Destruction / rendering unusable of items
- • Publication of the conviction
- • Corporate administrative fine
- • Revocation of driving licence (measure of rehabilitation and security)
- • Waiver of punishment
If the accused is represented by a defence lawyer, a suspended prison sentence of up to one year may be imposed by penalty order (Section 407 (2) sentence 2 StPO).
How the Penalty Order Is Issued
The procedure begins with an application by the public prosecutor. If the judge considers there is sufficient suspicion and no objections to issuing a penalty order, the judge issues it pursuant to Section 408 (3) sentence 1 StPO.
Objection (Einspruch), Deadlines and Hearing
The defendant may lodge an objection (Einspruch). If no objection is received within two weeks of service, the penalty order becomes final and has the effect of a judgment (Section 410 StPO).
If an objection is lodged, an oral main hearing is held. The court is not bound by the prior penalty order (Section 411 (4) StPO) and may decide more leniently or more severely. The objection may be withdrawn until pronouncement of the judgment in the first instance (Section 411 (3) StPO).
Strategy and Practical Considerations
- • Always seek file access and legal advice before deciding on an objection.
- • Consider a limited objection to sanctions only (Section 410 (2) StPO), e.g. fine amount, driving ban.
- • Assess risk of worse outcome at the hearing and prepare evidence/statement strategy.
FAQ: Penalty Order Procedure – Objection, Deadlines, Outcomes
What is a penalty order under Sections 407 et seq. StPO?
A conviction without a main hearing in cases of misdemeanours. The court decides on the file and may impose fines, driving bans, confiscation/forfeiture and—if represented by a lawyer—suspended imprisonment up to one year.
What is the deadline for objection?
Two weeks from service. The objection must reach the court in time (by post, fax or orally on the record). Late objections render the penalty order final.
Do I always have to object?
Not necessarily. It can be worthwhile if the allegation, the evidential basis or the sanctions (e.g. daily rates, driving ban, confiscation) can be contested. Obtain legal advice first.
Can I limit the objection to sanctions only?
Yes. Under Section 410 (2) StPO you may limit the objection to legal consequences (e.g. amount of fine or driving ban) while accepting the finding of guilt.
What happens after an objection?
A main hearing takes place. The court is not bound by the penalty order and may decide more leniently or more strictly. Withdrawal of the objection is possible until pronouncement of judgment.
Which sanctions are typical?
Primarily a fine (daily rates). Additionally, admonition with reservation, driving ban, confiscation/forfeiture, corporate administrative fines and—if represented—suspended imprisonment up to one year.
Does a final penalty order equal a judgment?
Yes. Under Section 410 StPO it is equivalent to a judgment, including entry in the Federal Central Register (BZR).
How are fines calculated (daily rates)?
By number × amount: the number reflects culpability; the amount reflects net income. From 90 daily rates a conviction is typically relevant for a criminal record.
Can I “settle” the case by paying?
No. Payment alone does not replace an objection. Without a timely objection the penalty order becomes final with all consequences.
Contact our Criminal Defence Lawyers in Frankfurt
Contact us – your criminal defence lawyers in Frankfurt and throughout Germany:
- • Dr. Caroline Jacob, Lawyer, Specialist in Criminal Law
- • Frank M. Peter, Lawyer, Specialist in Criminal Law
- • Of Counsel: Prof. Dr. Frank Peter Schuster
- • Cooperation Partner: Tax Consultant and Former Tax Investigator Frank Wehrheim
Buchert Jacob Peter has been based in Frankfurt am Main for over 25 years, representing clients nationwide in criminal defence and white-collar crime.
Phone: +49 69 710 33 330
Email: kanzlei@dr-buchert.de
More on this topic:
Criminal Defence |
German Criminal Procedure |
Lawyers
Do you need legal advice?
We advise and represent private individuals and companies in investigative and criminal proceedings nationwide and before all courts. Benefit from our many years of experience and our expertise in criminal defense.