🚗 Fine proceedings: objection (2 weeks)
In brief
A fine notice is not criminal proceedings but administrative offence proceedings. It concerns a fine, not a criminal penalty.
You can object within two weeks of service (§ 67 OWiG). In writing or for the record at the administrative authority that issued the notice.
You can limit the objection to certain points. Without an objection, the notice becomes legally binding.
Step by step
- Note the date of serviceThe deadline starts with service.
- Check the noticeCheck the allegation, place, time and amount.
- File the objectionIn writing or for the record at the authority. A defence lawyer can help.
Deadlines
- For administrative offences, legal advice assistance (Beratungshilfe) under the BerHG is granted only as advice, not as representation (§ 2 para. 2 BerHG).
- Points, driving bans and the amount of fines are not covered here.
- After the objection, a court decides. The procedure was not examined in detail here.
In depth · legal basis, figures and practice – for advisers and professionals
Deadline and form
§ 67 para. 1 OWiG: The person concerned may object to the fine notice within two weeks of service, in writing or for the record at the administrative authority that issued the notice. The objection may be limited to certain points of complaint. The provisions of the StPO (§§ 297 to 300, 302) apply accordingly.
Legal advice assistance
Under § 2 para. 2 BerHG, in matters of criminal law and administrative offence law only advice is granted.
Not covered
Limitation periods, cautionary fines (Verwarnungsgeld), driving bans, appeal on points of law (Rechtsbeschwerde) and proceedings before the local court.
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