Penal order — what now? Have you been served with a penal order (Strafbefehl) or is one being prepared against you? We provide legal support and show you how and under what conditions you can file an objection.
What is a penal order?
The penal order is a written summary procedure. The prosecutor can apply to the competent court, on the basis of sufficient suspicion under § 170 (1) StPO, for a written decision without an oral hearing. The court can impose a fine, the revocation of a driving licence, a ban on driving or, with the accused’s defender, a suspended prison sentence of up to one year.
How to object
An objection must be filed in writing or formally recorded at the court within two weeks of service. If filed in time, the matter goes to the main hearing in front of the criminal judge. The objection can be limited to certain consequences (e.g. only the sentence amount) — this can be a tactical option.