Can the judgment come after the issuance
Penal Order Procedure - A simplified procedure
Usually takes place in front of a criminal conviction of a perpetrator in Germany Main hearing before a Judgeinstead of. In the course of this, the case will be discussed orally, there will be proofs raised and the accused listened to the matter. That is how the regulations of the Code of Criminal Procedure (short: StPO).
In some cases, however, a oral negotiation waived in court and instead a so-called Penal Order Procedure carried out. What exactly is to be understood by this, in which cases it comes into play, how it works and where regulations on the penalty order are in the StPO can be found in the following guide.
FAQ: Penal Order Procedure
Here you can read what a penalty order is and when it will be issued.
Here you can read how a criminal warrant procedure usually works in Germany.
You can appeal the penalty order within two weeks.
What is a penalty order?
At a Penal Order Procedure it is a simplified process to cope with easier crime, at which a written penalty order is issued.
As already mentioned, what is special about the penal order procedure is that it leads to a final Condemnation comes without one oral main hearing has taken place.
The penal order procedure takes place after criminal charges in simply stored facts Application. The issuing of a penalty order has the decisive factor advantage, the dishes too relieve. The penal order procedure is also cost saving, goes swiftly take place and will without much fuss done. This in turn can also be in the interest of Accused lie.
Unlike an oral hearing, it is enough for one Penal Order Procedure off if a so-called sufficient suspicion against the accused.
Sufficient suspicion is one Suspicion level in criminal law, which among other things is also a prerequisite for a accusation is in court. According to the preliminary assessment of the evidence, this is a later conviction as probably given.
Further Levels of suspicion are by the way the so-called Initial suspicion, the urgent suspicion as well as the judicial conviction. The initial suspicion is sufficient suspicion subordinate and towards him weaker. Urgent suspicion and judicial conviction are against it stronger levels of suspicion.
In the course of normal criminal proceedings with oral main hearing must the fault of the accused, in contrast to the criminal warrant procedure, are determined by the judge's conviction. Only then will there be a condemnation. To that extent there is a difference to the Penal Order Procedure.
When does the penal order procedure apply?
In a penal order procedure, in contrast to a normal criminal procedure with Main hearing, only so-called Offense be punished.
The concept of offense is strictly different from that of des Crime to delimit. In the case of a crime, it is Penalty limits of at least one fact one year imprisonment. Is that Minimum size a penalty to be imposed for an offense below this is from one Offense the speech.
Both Legal consequences There are more of a penalty warrant procedure restrictions. A prison sentence of up to one year can only be given if the Accused one Criminal defense attorney has and the enforcement of the sentence probation is exposed.
Otherwise, among others, the following can be considered Legal consequences:
- Fine according to § 40 StGB
- warning with reservation of punishment according to § 59 StGB
- Driving banaccording to § 44 StGB
- Decay according to § 73 StGB
- Confiscation Section 74 of the Criminal Code
- Rendering useless of writings according to § 74d StGB
- Deprivation the driving licenceaccording to § 69 StGB (if the blocking period for re-issuance is not more than two years)
- Reticle of punishment according to § 60 StGB
If there is an imposition Fine, is also one with the penalty order Installment payments possible within the meaning of Section 42 of the Criminal Code.
The norm is the granting of Facilitation of payments regulated. Whom it's after his personal or economic Circumstances Not reasonable is to pay the fine immediately, which is permitted by the court to determine the fine Partial amounts to pay.
Does the penalty order count as a criminal record?
The question of whether an accused after a penalty warrant as criminal record is one of the most frequently asked.
On the one hand, a person is deemed to have a criminal record if a punishment in one Criminal trial was pronounced and on the other hand, if against them one Penalty order has happened. These are in Federal Central Register (short: BZR) entered. The BZR is a public register, which at Federal Office of Justice in Bonn.
How does a penal order procedure work?
The penal order procedure follows a specific one procedure. At the beginning of the procedure, the Public prosecutor one Request for a penalty order. The person responsible for issuing a penalty order is Criminal judge with the locally responsible District Court.
Then the responsible Criminal judge different ways on the Request for a penalty order to react.
- Unless none concerns oppose, the judge has the Penalty order to enact. If the accused doesn't defender the judge has to give him one first Public defender to order. This results from § 408b StPO.
- The judge can also issue the penalty order reject, provided that he identified the accused as not sufficiently suspect deems. The rejection of the penalty order is issued in the penalty order procedure in the form of Decision. The Public prosecutor again one immediate complaint insert. This is regulated in Section 210 (2) of the Code of Criminal Procedure.
- Finally, the judge can also im Penal Order Procedure a Main hearing if he has doubts without deciding such or if he wants to deviate from the assessment of the act. Also in the event that the judge requested something other than that of the public prosecutor's office Legal consequence fix he can initiate a main hearing. In that case, however, he then has the option of contacting the public prosecutor opinion to change the request for a penalty order if necessary.
Service in the penal order procedure
In the penal order procedure is the delivery from Penalty order or the personal handover to the accused is mandatory. The requirement results from § 35 StPO. By serving the penalty order, the defendant is informed about the Charge informedwho is charged with him. He can then decide how to proceed and whether he should violate the penalty order Objection want to insert or not.
Objection to the penalty order
After the penalty warrant has been served, the defendant has the option of, within one Deadline of two weeks objection to appeal against the penalty order. The objection must written or to Office minutes be inserted. The latter means that the accused personally goes to court and there on the Office makes a statement that he wants to appeal.
The objection to the penalty order is required none Reason. If there is no objection on the part of the accused within the objection period to the penalty order, this will be done legally binding. He then comes a criminal judgment equal.
The accused can, however, also appear in the criminal warrant procedure procedure the Objection period in writing Legal remedies against the penalty order dispense. In that case, the Legal force of the penalty order before the two-week period has expired.
An objection to a penalty order can be made to this template be formulated accordingly:
[Name and address of the court]In the criminal case
against [name of person concerned]
because of [offense alleged, for example drunkenness in traffic]
Az. [File number of the penalty order]
I oppose the penalty order from [date of penalty order]
Signature [of the person concerned]
The penal order procedure can follow Filing one Objection then design as follows:
- The objection is considered by the court inadmissible discarded.
- The objection is admissible and it becomes a meeting to Main hearing scheduled.
Rejection of the objection
If the defendant goes against the penalty order within the Objection period before, it may be the objection inadmissible is. If this is the case, for example because the objection is not deadline- or correct in shape has been lodged, it will be rejected by the court. This takes the form of a judicial Decision, against whom the appellant (i.e. the defendant) then in turn the immediate complaint can insert.
Arranging an appointment for the main hearing in the criminal warrant procedure
Unless the objection is deemed to be inadmissible is considered is, in principle, despite the first penalty order issued Main hearing to be arranged, so that in the end it turns out to be a hearing comes.
However, one more is also possible Withdrawal the public lawsuit through the Public prosecutor. But this then needs the approval of Accused. A termination of the proceedings according to the provisions of Section 153 and the following StPO may happen.
In the main hearing itself, the application for the issuance of the penalty order is considered to be replacement the otherwise to be raised Indictment to see. The penalty order itself replaces the penalty order procedure Opening resolution, which is usually used by the Court is issued.
A specialty of the Main hearing in the penal order procedure also consists in the fact that the accused himself is not necessarily in the hearing must appear. in the normal criminal proceedings if this is the case, however. In the penal order procedure, he can instead deal with the appropriate Power of attorney through a Lawyer be represented. In principle, however, the court is empowered to do so personal appearance to order the accused and if necessary to force. This results from § 263 StPO.
The accused appears in spite of it proper charge not and he will not let himself be by you defender represented, his objection is rejected without a hearing. This takes the form of a Judgment. Against this are they Legal remedies the vocation or the Revisionpossible.
Criminal order procedure: Judicial decision on the objection
The dish is basically not to those Legal consequences tied which the Public prosecutor in the penalty order requested would have. There is also the option to convict the defendant for someone other than im Penalty order designated did to condemn. In that case, however, has a more judicial Note according to § 265 StPO.
Withdrawal of objection and public complaint
In principle, the accused can claim the appeal lodged by him Objection again in the criminal warrant procedure take back. Same goes for that Public prosecutor in terms of the public lawsuit. After this Call to the cause, with which the oral hearing always begins, this can be requested. Then it needs the approval of the other (the withdrawal of the objection requires the consent of the Public prosecutor and the withdrawal of the lawsuit that of the Accused). Only if the respective consent is not given then must the Objection decided become.
Penal Order Procedure: Use Cases
Typical use cases are in the penal order procedure Traffic offenses how Drunkenness in traffic, prohibited Remove from Scene of the accident, Danger of Road traffic, Drive without a license or other simple cases related to the facts of the Property damage, of theft or similar. Since the penalty order without hearing or negotiation, he usually represents an immense discharge for the Judiciary represent.
Court costs for the penalty order
Fall for a penalty order without a hearing Court costs an amount of
- 70 euros (in the case of a fine of up to 180 daily rates or a prison sentence of up to six months) or
- 140 euros (in the case of a fine of more than 180 daily rates or a prison sentence of more than six months)
If, on the other hand, a main hearing takes place, the procedural costs for the penalty order correspond to those of normal criminal proceedings. These then amount to a height of
- 140 euros (in the case of a fine of up to 180 daily rates or a prison sentence of up to six months) or
- 280 euros (in the case of a fine of more than 180 daily rates or a prison sentence of more than six months).
If a penalty order as a result of an objection Notlegally binding it becomes one Withdrawal of action or hiring, the costs are usually not charged.
According to § 465 StPO, the court costs are in the case of a Condemnation to be borne by the accused. If, on the other hand, the acquittal or to one attitude of the procedure, it bears the Treasury. The latter can be found in § 467 StPO.
What to do if a penalty order has been issued against you?
If a penalty order has been issued against you, the way to Criminal defense attorney worth it. In particular with regard to the fact that a judicial conviction also after an objection worse can turn out to be the Penalty order originally intended, it may be useful to take a look at the advice an experienced one Attorney to catch up. So you shouldn't thoughtless and rash take action against the penalty order.
Above all, a specialist lawyer for criminal law is very familiar with the matter. He is familiar with the penal order procedure and knows what to look out for here. Specialist lawyers have themselves in their respective Specialty specially qualified by being an appropriate Specialist lawyer course have gone through. So here you have a true one Experts | at your side.
Criminal order procedure in juvenile criminal law?
in the Juvenile Criminal Law special features apply. Against Teenagers, i.e. people who are already 14 but not yet 18 years old, a penalty order cannot be issued. At growing (Persons from 18 to 20 years of age), a penalty order cannot be issued Legal consequences a Imprisonment provides. Only if against them that general criminal law For Adults is to be applied, a penalty order is permissible.(40 Ratings, average: 4,20 of 5)
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