Hannes Honecker

Penalty Order

Have you received a penalty order? Keep the yellow envelope. The delivery date is printed on the envelope. The penalty order becomes a conviction if you do not file an objection within 14 days of receiving it (delivery date). Do not take your time—contact a criminal defense lawyer immediately.

Do you not understand what the penalty order says? Do you think the amount of the fine is unreasonably high? Have you missed the 14-day objection deadline? Do you not understand why, in addition to the fine, a seizure of funds is also ordered? Ask a criminal defense lawyer.

You should be aware of the following principles:

  1. Penalty orders usually impose only fines. Exceptionally, a custodial sentence can also be imposed, but it must be suspended on probation if you have legal representation.
  2. A conviction can lead to an entry in the so-called criminal record certificate, which may impact your job. A conviction can also affect your residency status, your driver’s license, your firearms license, and professional licenses in regulated professions. It may hinder planned adoptions or naturalization, etc. Learn about the consequences before the objection deadline passes.
  3. An objection can only be filed in writing and within 14 days. Remember to account for postal delivery time and, as a precaution, also send the objection “in advance” by fax to the court.
  4. Even if you miss the objection deadline, a reinstatement to the previous legal status may be possible. Ask about this option.
  5. A fine consists of two components. On the one hand, the number of daily units reflects the degree of guilt: the more serious the offense, the more daily units. On the other hand, the amount of each daily unit is meant to burden the wealthy more than the poor. For a football star of a top club, the daily rate can amount to several tens of thousands of euros. For a person receiving social assistance, it is between 5 and 15 euros. You can also contest an incorrect assessment of your daily unit amount.
  6. You should know that an unpaid fine may eventually be converted into what is known as substitute imprisonment and lead to your arrest. To prevent this, you can apply for installment payments or perform community service as an alternative to payment. You should also seek legal advice for this or get help from the free legal advice service of the Berlin Association of Criminal Defense Lawyers (https://www.strafbefehlsberatung.de/).