Guide · Criminal defence

How do I respond to a penal order (Strafbefehl)?

Objection, deadline and consequences: important information on the penal order.

1What is it about?

A penal order (Strafbefehl) is a written procedure without a main hearing. On application by the public prosecutor's office, the local court (Amtsgericht) imposes a penalty, as a rule a fine, in certain circumstances also a custodial sentence of up to one year with suspension on probation, a driving ban or withdrawal of the driving licence (§§ 407 ff. StPO). Anyone who does not respond in time faces the order becoming final and binding, as with a judgment.

You can lodge an objection against a penal order within two weeks of service (§ 410 StPO). The objection can be limited to the legal consequences, for instance to the amount of the daily rates (Tagessätze). If no objection is lodged, the penal order becomes final and binding and results in an entry in the Federal Central Register (Bundeszentralregister).

2Typical case scenarios

A fine for a traffic offence, fraud, theft, bodily harm or an insult.
Penal order with a driving ban or withdrawal of the driving licence.
Penal order with confiscation of objects or of their value.
Dispute over the amount of the daily rate because the court has estimated your income.
Penal order with a suspended custodial sentence.

3Frequently asked questions

How long do I have to lodge an objection?

Two weeks from service. The period also begins where the letter is posted through the letterbox or served by substituted service; the date of service is noted on the envelope. The objection must be lodged in writing or recorded at the court registry (§ 410 para. 1 StPO).

What if the deadline has been missed?

In exceptional cases, restoration of the previous position (Wiedereinsetzung in den vorigen Stand) can be applied for if the deadline was missed through no fault of your own (§§ 44 ff. StPO). The application must be made within one week after the obstacle has ceased to exist.

Can a main hearing lead to a higher penalty?

Yes. In proceedings following an objection, the court is not bound by the penal order (§ 411 para. 4 StPO). Have the opportunities and risks weighed up in advance.

Do I have a criminal record because of a penal order?

The entry is made in the Federal Central Register. Convictions of up to 90 daily rates, on a first conviction, do not in principle appear in the certificate of good conduct (Führungszeugnis) (§ 32 para. 2 BZRG). Exceptions are possible.

4How the proceedings unfold

Application and issueThe public prosecutor's office applies for the penal order and the court issues it without a hearing.
ServiceThe two-week period runs from this point.
ObjectionIn writing or recorded at the registry, also limited to the legal consequences.
Main hearing or finalityFinal and binding without an objection; with an objection, a main hearing as on an indictment.

5What requires particular attention

Note the date of service and the end of the deadline immediately.
If in doubt, lodge an objection to preserve the deadline; it can be withdrawn later.
Check whether a driving ban, withdrawal of the driving licence or confiscation is included.
The income details you provide determine the amount of the daily rate. Check them carefully.

6How we defend you

We first check the service, the deadline and the substantive correctness of the penal order. We then analyse the file and advise you on the prospects of success and the risks of an objection.

We lodge an objection to preserve the deadline, limit it to the legal consequences where necessary, or negotiate with the public prosecutor's office for a discontinuance. At the main hearing we represent you and work towards appropriate legal consequences.

Legal bases (official statutory text):

This page provides general information on German criminal law (as of September 2026) and is not a substitute for legal advice in an individual case. The law and case law may change. Different rules apply to proceedings in Switzerland.