Received a German penalty order?

By Dr. Julius Hagen, Attorney at Law

The penalty order becomes final if no objection is filed

A German penalty order, or Strafbefehl, is a court decision. The Local Court states the allegation and imposes sanctions in written proceedings, without first holding a public trial. Treating the document as a simple demand for payment overlooks its legal effect.

If no valid objection reaches the court within two weeks of effective service, the order has the same effect as a final criminal judgment. A fine and a confiscation order may be enforced. A driving ban or revocation of a driving licence may also become binding. If the order contains a suspended custodial sentence, the probation period begins when the order becomes final.

The deadline runs from effective service

The objection must normally reach the court that issued the penalty order within two weeks. Reasons are not required at this stage. A clear declaration identifying the order and stating that an objection is filed is generally sufficient to preserve the deadline.

The date printed on the order does not start the period. Effective service does. The envelope and any service record should therefore be retained. Delivery to another member of the household or service on authorised defence counsel may affect the calculation. Where the defendant does not sufficiently understand German, it may also be necessary to establish whether a required translation was provided.

The allegation must be sufficiently specific

The penalty order must identify the particular conduct alleged against the defendant. Where several offences are included, the individual events must remain distinguishable. Broad time periods or collective allegations may fail to define the subject of the proceedings clearly enough.

This matters in cases involving repeated transactions or divided responsibilities. If several people used the same account, vehicle or phone, linking an object to the defendant does not by itself establish personal responsibility. The wording of the order should show what the defendant is said to have done and how that conduct is attributed to them.

The prosecution file reveals the basis of the allegation

A penalty order normally contains only a short account of the alleged offence. The investigation file shows why the prosecution reached its conclusion and which statements, records or analyses are meant to support it.

A transfer proves that money moved, while its purpose may remain disputed. A message stored on a phone does not necessarily identify its author. A witness who incriminates the defendant may have given inconsistent accounts or may have an interest of their own. These distinctions are rarely visible from the order alone.

An objection may be limited to particular issues

A full objection may be appropriate where the offence or the defendant’s personal involvement is denied. If the error concerns only one sanction, a limited objection may be enough. This can keep parts of the order that are not genuinely disputed outside the reopened proceedings.

German fines are calculated by reference to daily units. The number of units reflects the seriousness of the offence and the degree of culpability. The value of each unit is based mainly on the defendant’s financial circumstances. If the court has merely overestimated income, the objection may be limited to the daily-unit value.

A full objection normally leads to a court hearing

Following a full objection, the case will generally proceed to trial. The court is not bound by the penalty order in relation to the challenged issues. The outcome may improve: an acquittal, discontinuation or a lower sentence may be possible. None of these results is automatic.

A hearing may also produce further adverse material. A witness may give a different account, additional documents may be introduced, or the court may change the legal assessment. Where time is short, an objection can first be filed without reasons. Its final scope can be determined after the prosecution file has been reviewed. Withdrawal remains possible, although the prosecutor’s consent may be required once the trial has begun.

A modest fine may still have wider consequences

Many defendants initially focus on the amount payable. The number of daily units or the offence of conviction may matter more in the longer term. Criminal-record disclosures can affect professional licensing or immigration proceedings. In another case, a driving measure may be more disruptive than the fine.

The order often gives little explanation of these effects. They should at least be identified before it becomes final. Detailed treatment belongs on the separate pages concerning daily units and collateral consequences.

If the deadline has already expired

A late objection will normally be dismissed as inadmissible. In limited circumstances, the defendant may apply for restoration of the missed deadline, known as Wiedereinsetzung in den vorigen Stand. The deadline must have been missed without fault.

The application must generally be filed within one week after the obstacle ceased to exist, and the objection must be submitted within the same period. The court will require a precise account of service, the reason why the defendant remained unaware of the order and the date on which the obstacle ended. A general statement that the letter was overlooked or opened late will rarely be sufficient.