Penalty order; appeal

Penalty orders can be challenged by means of an appeal.

Description

In criminal cases of minor importance, the public prosecutor's office may - except in the case of juveniles - apply to the criminal court judge for the issuance of a penalty order instead of bringing an indictment. The penalty order procedure is a procedure without a main hearing. However, if the defendant appeals against a penalty order issued by the court, a main hearing is scheduled. In the resulting judgment, the court is not bound by the statement contained in the penalty order; the decision may therefore be less favorable to the defendant.

Prerequisites

An appeal against the penalty order may be lodged in writing or on the record of the court office within two weeks of service with the court that issued the penalty order.

Legal bases

Remedy

Objection

Status: 08.04.2022

Responsible for editing: Bayerisches Staatsministerium der Justiz

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