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Appeal against the penalty order: deadline and consequences

A penalty order, after the deadline expires, acts like a legally binding judgment, with a fine and an entry. Anyone who considers it unjustified can file an objection within two weeks. Then a main hearing takes place in which the allegations are examined.

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Your chances of getting your money back

Against a penalty order an objection can be filed within two weeks of service (§ 410 StPO). Without an objection it becomes legally binding and is equivalent to a judgment.
The objection can be limited to certain points, for example only to the amount of the daily rates. In the main hearing the allegations are examined; the penalty order is therefore not a final verdict of guilt.

What you should do now

  1. 1

    1. Note the deadline

    Note the two-week deadline from service of the penalty order.

  2. 2

    2. Examine the accusation

    Look closely at the act, legal consequence and possible objections.

  3. 3

    3. File the objection

    File the objection in writing on time, limited to individual points if applicable.

  4. 4

    4. Prepare the defense

    Prepare for the main hearing; access to the file and advice help.

How to spot the scam

  • The two-week deadline passes and the penalty order becomes legally binding.
  • A threatening criminal record is underestimated.
  • The objection is withdrawn without checking the prospects of success.

Frequently asked questions

How long do I have for the objection?

Two weeks from service of the penalty order (§ 410 StPO). If you miss the deadline, the penalty order becomes legally binding and acts like a judgment, with a fine and, depending on the amount, an entry in the certificate of good conduct. So act quickly.

What happens after the objection?

There is generally a main hearing before the local court in which the allegations are examined. The court is not bound by the penalty order. You can also limit the objection to individual points, for example only the daily-rate amount.

Does a penalty order mean a criminal record?

A legally binding penalty order is a conviction. Whether it appears as a prior conviction in the certificate of good conduct depends on the amount of the penalty. Minor fines may not appear in the simple certificate of good conduct but are recorded in the federal central register.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.