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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