Notice of a fine for a misdemeanor; appeal
Fines imposed in administrative offense proceedings can be appealed.
Description
Compared to a criminal offense, a misdemeanor is a lesser offense. It is prosecuted in administrative proceedings. However, this can lead to proceedings before the ordinary courts similar to criminal proceedings.
The administrative authority is initially responsible. Which administrative authority is specifically responsible is determined by the laws containing provisions on fines, the jurisdiction ordinances of the federal states or by Section 37 of the German Administrative Offenses Act (OWiG).
In the case of a merely minor administrative offense, the authority can issue a warning with the consent of the person concerned - as a milder means to a fine notice. This only becomes effective if the person concerned pays the fine in good time. If the proceedings are not discontinued and there is also no (effective) warning, the administrative authority can issue a penalty notice against the person concerned after hearing him or her.
The administrative authority is initially responsible. Which administrative authority is specifically responsible is determined by the laws containing provisions on fines themselves, the ordinances on responsibility of the Länder or by Section 36 and Section 37 of the Administrative Offences Act (OWiG).
In the case of a merely minor administrative offense, the authority may, with the consent of the person concerned, issue a warning as a milder means to a penalty notice. This only becomes effective if the person concerned pays the warning fine on time. If the proceedings are not discontinued and there is also no (effective) warning, the administrative authority may issue a penalty notice against the person concerned after hearing him or her.
Prerequisites
You have received a penalty notice and, according to the instructions on appeals, you have the opportunity to lodge an appeal.
Procedure
You can lodge an appeal against a penalty notice in writing or by recording it with the administrative authority that issued the penalty notice. The objection can be limited to certain points of complaint.
The locally competent district court shall decide on the appeal if the administrative authority upholds the penalty notice and the public prosecutor's office does not discontinue the proceedings.
If the facts of the case are simple in terms of the evidence, and in particular if the person concerned confesses, the local court may, after hearing the parties in writing, decide by way of an order without an oral hearing if the person concerned and the public prosecutor's office do not object to a corresponding indication by the court.
In addition, the court may, with the consent of the public prosecutor's office, discontinue the proceedings by order in any situation if the proceedings are pending before the court and it does not deem it necessary to punish the person concerned. The consent of the public prosecutor's office is not required if a fine of up to EUR 100 has been imposed by the penalty notice and the public prosecutor's office has declared that it will not participate in the main hearing.
If the decision is not made by means of an order, the district court shall set a date for the main hearing. In this case, the person concerned must be summoned and must also appear if the court has not released him from the obligation to appear in person. The decision in this case is made by judgment or order.
Deadlines
An appeal against a penalty notice may be lodged in writing or in writing with the administrative authority that issued the penalty notice within two weeks of service.
Fees
In court fine proceedings, the court fees are generally calculated according to the amount of the legally imposed fine.
The fees of the lawyer for the court fine proceedings are only determined by the framework (so-called framework fees). The lawyer shall determine the fee in the individual case, taking into account all circumstances at his or her reasonable discretion. The scope and difficulty of the lawyer's work, the importance of the matter and the client's income and financial circumstances shall be decisive.
Remedy
An appeal against a decision of the district court is permitted only if certain conditions are met.
An appeal on points of law is also admissible against a judgment if an application is made for its admission and the court of appeal admits it.
The Bavarian Supreme Regional Court has the final decision on the appeal.
Status: 24.11.2022
Responsible for editing: Bayerisches Staatsministerium der Justiz
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