Fine notice; appeal

Fines imposed in administrative offense proceedings can be appealed.

Description

If you receive a penalty notice from the administrative authority for a misdemeanor, you can lodge an objection to this in writing or in the administrative authority's minutes with the administrative authority that issued the penalty notice within two weeks of its service. Please note the instructions on appeals in the penalty notice! The district court decides on the admissible appeal if the administrative authority upholds the fine notice and the public prosecutor's office does not discontinue the proceedings. The district court in whose district the administrative authority has its seat is competent, in certain cases also the district court of the place of commission or the place of residence of the person concerned.

If the facts of the case are simple in terms of the evidence, in particular if the person concerned confesses, the district court may decide by order after hearing the parties involved in writing and with their consent. Otherwise, the district court shall set a date for the main hearing. In this case, the person concerned shall be summoned and must also appear if the court has not released him from the obligation to appear in person. After the main hearing has been held, a decision is rendered by way of a judgment.

In addition, the court may, with the consent of the public prosecutor's office, discontinue the proceedings in any situation pursuant to Section 47 (2) OWiG by way of a decision if the proceedings are pending before the court and the court does not consider it necessary to punish the person concerned. The consent of the public prosecutor's office is not required if a fine of up to 100 euros has been imposed by the penalty notice and the public prosecutor's office has declared that it will not participate in the main hearing.

Prerequisites

The objection can be filed in writing or in writing with the administrative authority that issued the penalty notice. Please note the instructions on appeals in the penalty notice!

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.

Legal bases

Remedy

The legal remedy against a decision of the Local Court is an appeal on points of law, but this is only admissible if certain requirements are met (cf. Section 79 OWiG). 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 (cf. Sections 79 (1) sentence 2, 80 OWiG). The Bavarian Supreme Regional Court shall decide conclusively on the appeal.

Status: 04.07.2022

Responsible for editing: Bayerisches Staatsministerium der Justiz

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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