§ 40 StGB
Fine
It is calculated in daily rates (Tagessätze) and is the usual penalty in a penalty order.
Penalty order received: objection and deadline
Defence against a penalty order in AachenA yellow envelope from the Local Court, and inside it a penalty that was decided without a hearing. From the date of service, you have two weeks to lodge an objection. Karolin Hagemann de Grzymala, LL.M., certified specialist lawyer for criminal law, secures the deadline, inspects the file and tells you whether an objection is in your interest.
A penalty order is not yet final.For two weeks, the choice is yours.
Only the file shows whether an objection will help you.
A penalty order (Strafbefehl) is a written conviction without a trial. The Local Court (Amtsgericht) issues it at the request of the public prosecutor’s office (Staatsanwaltschaft), usually imposing a fine and without hearing you first. You can lodge an objection (Einspruch) within two weeks of service (Zustellung). Without an objection, the penalty order becomes final and has the same effect as a judgment, including an entry in the Federal Central Criminal Register (Bundeszentralregister).
The deadline: two weeks from service
What counts is the date the postal worker wrote on the yellow envelope, not the day you open the letter. If the penalty order was served on a Tuesday, the deadline ends two weeks later on the Tuesday at midnight. If that day is a Saturday, Sunday or public holiday, it ends on the next working day (§ 43 StPO). By then, the objection must have reached the court (§ 410 Abs. 1 StPO). Keep the envelope.
Deadline calculator
When does your deadline end?
Choose what you have received and enter the date. The calculator takes weekends and public holidays in North Rhine-Westphalia into account.
The end of the deadline will appear here.
For a penalty order, the date of service is written on the yellow envelope.
The calculator shows the statutory end of the deadline under § 43 StPO and does not replace a review of your individual case. Whether and when a deadline runs depends on how and when the document was served. If in doubt, call straight away.
What is a penalty order?
Penalty order proceedings (Strafbefehlsverfahren) are conducted in writing. If the public prosecutor’s office considers a trial unnecessary, it applies to the Local Court for a penalty order with a specific penalty. This application counts as bringing charges (§ 407 Abs. 1 StPO). The court decides on the basis of the file and does not have to hear you beforehand (§ 407 Abs. 3 StPO). This is why some people only learn from the penalty order how far the proceedings have already gone.
Good to know
A penalty order is only permitted for lesser offences (Vergehen), meaning offences for which the law sets a minimum sentence of less than one year’s imprisonment (§ 12 StGB). Typical allegations are drink-driving, leaving the scene of an accident, theft, fraud, insult or assault. For an overview of these offences, see the page on general criminal law.
The penalty order states the offence with its time and place, the provisions applied, the evidence, the penalty and information on how to object (§ 409 Abs. 1 StPO). The list of evidence shows what the allegation is based on.
What a penalty order can impose
The law limits the consequences a penalty order may have (§ 407 Abs. 2 StPO). The following are possible, also in combination:
§ 59 StGB
Warning with sentence reserved
The court sets a fine but only imposes it if you do not keep to the terms of the probation period (Verwarnung mit Strafvorbehalt).
§ 44 StGB
Driving ban
For one to six months, you may not drive a motor vehicle.
§ 407 Abs. 2 Nr. 2 StPO
Withdrawal of the driving licence
Your licence ceases to be valid. In a penalty order, the period before you can be granted a new one may not exceed two years.
§§ 73, 74 StGB
Confiscation
Objects or proceeds from the offence can be confiscated.
§§ 407 Abs. 2, 408b StPO
Suspended prison sentence of up to one year
This is only permitted if you have a defence lawyer. If you do not, the court appoints court-appointed counsel.
Good to know
After driving under the influence of alcohol or drugs, the driving licence authority often also reviews whether you are fit to drive, regardless of the penalty order. You can read more about drug allegations and your driving licence under drug offences.
Penalty order received: what to do now
The first days after service decide which options remain open to you. These steps matter now:
Note the date of service
Write down the date from the envelope and enter the end of the deadline in your calendar.
Keep the envelope
It proves when the order was served. This may matter later if you need reinstatement after a missed deadline.
Say nothing about the allegation
Do not call the court or the police to explain the allegation. Anything you say may end up in the file.
Do not pay too soon
The public prosecutor’s office only sends the demand for payment once the penalty order is final.
Instruct a defence lawyer
A criminal defence lawyer lodges the objection in time and applies to inspect the file.
Good to know
Bring the penalty order, the envelope and any earlier letters to the first meeting, such as a questionnaire for suspects (Anhörungsbogen) or a police summons as a suspect. The meeting can also take place by video conference.
Call directly
+49 163 8461632You reach the lawyer in person. Everything you say is covered by professional confidentiality from the first call.
Objecting to a penalty order: form and content
An objection is how you challenge the penalty order. The Local Court then decides on the allegation at a trial (Hauptverhandlung).
How to lodge an objection
The objection goes to the Local Court that issued the penalty order. You can submit it in writing or have it recorded at the court office (§ 410 Abs. 1 StPO). You do not have to give reasons. One sentence is enough. In German, for example: „Gegen den Strafbefehl vom …, Aktenzeichen …, lege ich Einspruch ein.“ This means: “I object to the penalty order dated …, case number ….” If you give your letter the wrong name by mistake, for example Widerspruch, this does no harm (§ 300 StPO).
Sign the objection and make sure you can prove that it arrived in time, for example by sending it by fax with a transmission report. A simple email does not usually meet the formal requirements. Your defence lawyer files the objection electronically.
Object first, decide later
You do not need to know within the two weeks whether you will contest the case in the end. Your defence lawyer lodges the objection as a precaution and then inspects the file. The objection can be withdrawn until judgment is pronounced at first instance (§ 411 Abs. 3 StPO). Once the trial has begun, withdrawal requires the consent of the public prosecutor’s office (§ 303 StPO).
Limiting the objection, for example to the daily rate
The objection can be limited to particular points (§ 410 Abs. 2 StPO). This makes sense if you do not dispute the allegation but the penalty is not right. A typical case: the court estimated your income and set the daily rate too high. With such a limitation, the finding of guilt becomes final and only the challenged part is heard.
If the objection is limited solely to the amount of the daily rate, the court can decide by written order without a trial. For this, you, your defence lawyer and the public prosecutor’s office must agree. In this order, the court may not depart from the penalty order to your disadvantage (§ 411 Abs. 1 StPO).
The risk: the court is not bound by the penalty order
After an objection, the court decides afresh. It is not bound by the penalty set in the penalty order (§ 411 Abs. 4 StPO). Unlike after an appeal by the defendant, there is no rule here that protects you from a harsher outcome. The judgment may be more lenient, the same or more severe.
It can become more severe if a witness incriminates you more strongly at the hearing than in the file, or if your income turns out to be higher. Equally, the hearing can end in an acquittal. The case can also still be discontinued at that stage (Einstellung), with or without conditions (§§ 153, 153a StPO).
Inspecting the file before you decide
So the rule is: first the file, then the decision. Your defence lawyer has the right to inspect the investigation file (Akteneinsicht, § 147 StPO). It contains witness statements, police reports and expert reports, for example on a blood sample. Only then can we assess whether an acquittal, a discontinuation or a lower penalty seems achievable. If the file shows that the penalty order is the better outcome, we withdraw the objection in good time.
What an objection can cost
If you are convicted after a trial, you bear the costs of the proceedings (§ 465 StPO). If you are acquitted, the state treasury bears your necessary expenses (§ 467 StPO). How defence fees are made up and when legal expenses insurance pays is explained on the page costs of a criminal defence.
Fines, daily rates and the certificate of conduct
A fine (Geldstrafe) consists of two figures: the number of daily rates and the amount of each daily rate (§ 40 StGB). The number depends on the degree of guilt. The law allows 5 to 360 daily rates. The amount depends on your personal and financial circumstances. The starting point is the net income you have, or could have, on an average day. A daily rate is at least 1 euro and at most 30,000 euros. An example: if you earn 1,500 euros net a month, a daily rate will be around 50 euros.
Good to know
If your income was estimated
In penalty order proceedings, the court often does not know your income. It may estimate income and assets (§ 40 Abs. 3 StGB), and the estimate can be higher than what you actually earn. Maintenance obligations reduce the daily rate, but they are often not reflected in an estimate. With documents, you can show which amount is correct without challenging the allegation itself.
If you cannot pay
Once the penalty order is final, the public prosecutor’s office demands payment of the fine. If you cannot pay the amount in one go, apply to that office to pay in instalments (§ 459a StPO). If a fine cannot be recovered, it is replaced by imprisonment in default of payment (Ersatzfreiheitsstrafe): two daily rates correspond to one day (§ 43 StGB).
Will the penalty order appear on my certificate of conduct?
A final penalty order is a conviction. It is always entered in the Federal Central Criminal Register, which courts, public prosecutors and certain authorities can consult. It does not, however, always appear on the certificate of conduct (Führungszeugnis) that employers, for example, ask for:
§ 32 Abs. 2 Nr. 5 BZRG
Up to 90 daily rates
If no other sentence is entered in the register, a fine of no more than 90 daily rates does not appear on the certificate of conduct.
§ 32 Abs. 1 BZRG
More than 90 daily rates
From 91 daily rates, the conviction is included, even if it is your first.
§ 32 Abs. 2 Nr. 5 BZRG
Suspended prison sentence
A prison sentence of more than three months appears on the certificate of conduct, even if it is suspended.
§ 32 Abs. 2 Nr. 5 BZRG
Earlier entries
If a sentence is already entered in the register, the limit of 90 daily rates does not apply.
§ 32 Abs. 1 BZRG
Sexual offences
The limit also does not apply to convictions for certain sexual offences.
Good to know
If the conviction stays below the limit, you may describe yourself as having no criminal record (§ 53 BZRG). If the penalty is just above 90 daily rates, an objection can therefore matter more for your career than the money you save. Entries are removed from the certificate of conduct, and later from the register, after periods set by law (§§ 34, 46 BZRG).
Procedure: from service to final decision
This is what happens after service if you challenge the penalty order with our help:
- 01
Service
The penalty order arrives by post in a yellow envelope. The two-week deadline starts with the date on the envelope.
- 02
Objection
We lodge the objection with the Local Court in time, at first as a precaution if you wish. Without an objection, the penalty order becomes final when the deadline expires (§ 410 Abs. 3 StPO).
- 03
Inspection of the file
We request the investigation file and discuss with you what it contains and which goal seems achievable.
- 04
Decision
You decide whether the objection stands, is limited or is withdrawn. At the same time, we talk to the public prosecutor’s office and the court, for example about discontinuing the case.
- 05
Trial
The Local Court hears the allegation. The proceedings end with a judgment or a discontinuation.
- 06
Appeal or final judgment
You can appeal against the judgment within one week, by way of Berufung or Revision (§§ 314, 341 StPO). Otherwise, the judgment becomes final.
Good to know
The trial at the Local Court in Aachen
After an admissible objection, the Local Court sets a date for the trial (§ 411 Abs. 1 StPO). The court that issued the penalty order remains responsible. In Aachen, that means the Local Court in the city or one nearby. As a rule, a single criminal judge (Strafrichter) hears the case. After the prosecution has presented the charge, you can make a statement or remain silent. We make this decision together beforehand. The court then hears the evidence.
You do not always have to attend in person. A defence lawyer with a written power of attorney can represent you (§ 411 Abs. 2 StPO). The court can, however, order you to appear in person (§ 236 StPO). If neither you nor an authorised defence lawyer appears and the absence is not sufficiently excused, the court dismisses the objection without hearing the case (§ 412 StPO). The penalty order then stands. You can read more about the office on the page criminal lawyer in Aachen.
Deadline missed: reinstatement
Once the deadline has passed, the penalty order is final. A late objection is rejected as inadmissible without a hearing (§ 411 Abs. 1 StPO). There is a way out if you missed the deadline through no fault of your own. In that case, the court grants reinstatement on application (Wiedereinsetzung in den vorigen Stand, § 44 StPO). Strict rules apply:
§ 45 Abs. 1 StPO
Apply within one week
The week starts as soon as the obstacle no longer exists, for example when you return from holiday and find the letter.
§ 45 Abs. 2 StPO
Substantiate the reasons
You must show credibly why you could not meet the deadline, for example with travel documents or a certificate from the hospital.
§ 45 Abs. 2 StPO
Lodge the objection as well
The objection itself must also reach the court within the same week.
Good to know
The court decides in each individual case whether the reasons are sufficient. A holiday of normal length can be enough. If you know that you are under investigation, you are expected to be more prepared for post from the court.
How we defend you
Karolin Hagemann de Grzymala, LL.M., certified specialist lawyer for criminal law in Aachen
Karolin Hagemann de Grzymala, LL.M., is a certified specialist lawyer for criminal law (Fachanwältin für Strafrecht). Before founding her own firm, she was a partner at DMFH Fachanwälte für Strafrecht. She defends clients in Aachen and remains your contact from the first call until the case is closed.
If you have received a penalty order, she first checks the deadline and, if necessary, lodges an objection straight away. She then applies to inspect the file and goes through it with you. After that, we agree on the goal together: an acquittal, no more than 90 daily rates, keeping your driving licence, or daily rates that match your income. If our review shows that the penalty order is the better solution for you, we tell you that openly too.
We conduct the discussions with the public prosecutor’s office and the court, represent you at the trial and keep you informed of every step. If you prefer, we advise you confidentially by video conference. The language of the consultation is agreed at first contact, and a sworn interpreter can take part if needed.
Before the deadline expires
Note the date on the yellow envelope. Do not comment on the allegation. Call +49 163 8461632 or write to us via the contact page. The more time is left before the deadline, the more calmly the file can be reviewed.
Penalty orders in Aachen
The penalty order is issued by the Local Court, which also hears the case after an objection. The letterhead shows which Local Court is responsible.
Aachen
In the Aachen area, it is the Local Court Aachen or another Local Court in the district of the Regional Court (Landgericht) Aachen, such as Düren or Heinsberg.
Criminal defence lawyer in AachenRelated topics
Further questions that often become important in this situation.
Frequently asked questions
Short answers to questions people often ask in the first meeting after receiving a penalty order.
DeadlineHow long do I have to object to a penalty order?
Two weeks from service (§ 410 Abs. 1 StPO). What counts is the date the postal worker noted on the yellow envelope. The objection must reach the court by the end of the last day.
If the deadline ends on a Saturday, Sunday or public holiday, it runs until the end of the next working day (§ 43 StPO).
RiskCan the penalty be higher after an objection?
Yes. After an objection, the court is not bound by the penalty order (§ 411 Abs. 4 StPO). It can decide more leniently, in the same way or more severely. That is why the file should be reviewed before the trial.
The objection can be withdrawn until judgment is pronounced at first instance, but once the trial has begun only with the consent of the public prosecutor’s office.
Certificate of conductWill a penalty order appear on my certificate of conduct?
That depends on the penalty. A fine of no more than 90 daily rates does not appear on the certificate of conduct if no other sentence is entered in the register (§ 32 Abs. 2 Nr. 5 BZRG). A fine of more than 90 daily rates is included.
Every final penalty order is entered in the Federal Central Criminal Register. The limit does not apply to certain sexual offences.
Daily ratesWhat can I do if the daily rates are too high?
You can limit your objection to the amount of the daily rate (§ 410 Abs. 2 StPO). With documents on your income and maintenance obligations, you show which amount is appropriate.
If you, your defence lawyer and the public prosecutor’s office agree, the court decides by written order without a hearing. It may not depart from the penalty order to your disadvantage (§ 411 Abs. 1 StPO).
TrialDo I have to attend the trial myself after objecting?
Not necessarily. A defence lawyer with a written power of attorney can represent you at the trial (§ 411 Abs. 2 StPO). The court can, however, order you to appear in person.
If neither you nor an authorised defence lawyer appears and the absence is not sufficiently excused, the court dismisses the objection (§ 412 StPO).
Deadline missedWhat happens if I have missed the deadline for objecting?
Then the penalty order is final. If you were prevented through no fault of your own, for example by a trip or a stay in hospital, you can apply for reinstatement (§ 44 StPO).
The application and the objection must reach the court within one week of the obstacle ceasing to exist (§ 45 StPO).
Speak to us before you speak to anyone else.
A first conversation clarifies how much time is left before the deadline and whether an objection makes sense for you.
+49 163 8461632