Penal Order – Fast and Effective Defense Against Penal Orders Nationwide

A penal order may seem harmless at first glance. In reality, it is nothing less than a court judgment issued without an oral hearing. If you fail to react in time, you risk serious consequences: fines, driving bans, or even a criminal record in your certificate of conduct.

As an experienced criminal defense lawyer, I support you in all matters concerning penal orders. I examine the prospects of an appeal and take over your defense – competent, discreet, and nationwide.

Table of Contents

What is a penal order?

A penal order is a written judgment by the local court. The special feature: the case is decided without an oral hearing. The basis is an application by the public prosecutor’s office, which the judge usually reviews and then issues as a penal order.

Key features:

  • Decision based solely on investigation files
  • No witness hearings before the court
  • Delivery by post
  • 2-week period for appeal

What penalties can a penal order include?

A penal order may contain various sanctions:

✅ Fines (usually calculated in daily units)
✅ Driving ban (up to 6 months)
✅ Revocation of driver’s license
✅ Reprimand with reservation of punishment
✅ Confiscation of objects
✅ Additional consequences such as professional bans (in rare cases)

Suspended prison sentences can only be imposed in penal order proceedings if the accused is legally represented by a lawyer.

When is a penal order issued?

The public prosecutor’s office applies for a penal order if it considers that:

  • The facts are straightforward.
  • The guilt is not so severe that imprisonment is necessary.
  • There are no doubts about the act.

Penal order proceedings are particularly common in cases of:

  • Theft
  • Embezzlement
  • Fraud
  • Insult
  • Negligent bodily harm
  • Driving without a license
  • Drunk driving

Procedure of the penal order process

  1. Investigation procedure
    Police and public prosecutor investigate the facts.

  2. Application by the public prosecutor
    The prosecution applies to the local court for a penal order.

  3. Review by the court
    The judge examines the application and may issue the penal order.

  4. Delivery to the accused
    You receive the penal order by post.

  5. Deadline for appeal
    You have only 2 weeks to file an appeal.

  6. Appeal or final judgment

    • No appeal: penal order becomes legally binding, like a judgment.
    • Appeal: a main hearing takes place.

Deadlines and appeal options

Deadline:
You have 2 weeks from delivery to file an appeal in writing.

Form:
The appeal must be submitted to the local court – a simple letter or fax is sufficient.

Missed deadline:
After the deadline, the penal order becomes final. Only in exceptional cases (e.g. unintentional failure to meet the deadline) can a request for reinstatement be filed.

Filing an appeal – yes or no?

Whether an appeal makes sense depends on the individual case. Possible reasons for appeal include:

  • You deny the accusation.
  • The penalty is too high.
  • The calculation of daily units is incorrect.
  • The additional sanction (e.g. driving ban) is disproportionate.
  • You want the case to be dismissed.

Warning:
An ill-considered appeal can also have disadvantages, such as higher costs or stricter penalties after the hearing.

Consequences of a penal order

If you do not file an appeal, the penal order is treated like a judgment:

  • You are considered convicted with final effect.
  • An entry is made in the Federal Central Register.
  • Depending on the severity, the entry may also appear in your certificate of conduct.

Certificate of conduct and criminal record

Entry in the certificate of conduct:

  • Fines of 91 daily units or more are recorded.
  • Fines up to 90 daily units for first-time offenders remain invisible in the certificate of conduct but appear in the Federal Central Register.
  • Suspended prison sentences are recorded.

Dismissal instead of penal order – is it possible?

Yes. A defense lawyer can examine whether the case can still be dismissed – even after the penal order has been issued.

Typical cases:

  • Dismissal due to insignificance (§ 153 StPO)
  • Dismissal subject to conditions (§ 153a StPO)
  • Dismissal due to procedural obstacles

Defense strategies

An experienced defense lawyer examines, among other things:

✅ Was the case fully and correctly investigated?
✅ Are there evidentiary issues?
✅ Is the penalty appropriate?
✅ Can conditions be negotiated?
✅ Is a dismissal possible?

This often leads to a better outcome – whether a milder penalty, acquittal, or dismissal.

Common mistakes with penal orders

❌ Accepting the penal order without review
❌ Filing the appeal too late
❌ Attending the hearing without a lawyer
❌ Not checking daily units or income calculations
❌ Hoping that “it won’t be so bad”

FAQ – Frequently Asked Questions

How high are the costs in case of a penal order?
If you accept, you pay the fine and procedural costs. If you appeal, additional costs for the main hearing apply.

What happens if I don’t pay the fine?
The fine may be converted into substitute imprisonment.

Do I have to attend the main hearing if I have appealed?
Yes. After an appeal, a hearing date is set, and you must attend.

Can I withdraw the appeal later?
Yes. You can withdraw the appeal until the judgment is announced.

Why immediate legal advice is important

The 2-week deadline is strict!

Without an appeal, you will be convicted with final effect. Always have a penal order legally reviewed to:

  • avoid unjust convictions,
  • reduce penalties,
  • prevent entries in your certificate of conduct,
  • seize opportunities for dismissal.

Contact – Secure your defense now

Have you received a penal order? Don’t wait – act now!

As a criminal defense lawyer, I thoroughly review your case and fight for the best possible outcome.

📞 Phone: +49 172 8974716
✉️ E-Mail: beisel@duckscheer.de

I am at your side nationwide – competent, discreet, and committed.

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