📬 Penalty order and objection (2 weeks)

A penalty order (Strafbefehl) is a written judgment without a hearing. You have two weeks to object.

penalty order (Strafbefehl) objection (Einspruch) service fine daily rates restoration of the previous position legally binding

In brief

A penalty order arrives by post, with formal service. It is a penalty without a main hearing.

You have two weeks from service to object. The objection is submitted in writing or orally for the record to the court that issued the penalty order (§ 410 StPO).

Without a timely objection, the penalty order is like a legally binding judgment. The objection can be limited to individual points, for example the amount of the daily rates.

Get advice early. A penalty order may also contain a prison sentence of up to one year on probation if you have a defence lawyer.

Step by step

Note the date of serviceThe date is on the envelope or the certificate of service. The deadline starts from it.
Get adviceA defence lawyer checks whether an objection makes sense.
File the objectionIn writing or for the record at the court. Not only on the last day.
If you missed the deadline, checkDeadline missed through no fault of your own: apply for restoration of the previous position (Wiedereinsetzung) within one week after the obstacle has ceased, at the court of the missed deadline (§ 45 para. 1 StPO), and make up the missed action within this period (§ 45 para. 2 StPO).

Deadlines

2 weeks

Objection to a penalty order after service§ 410 Abs. 1 StPO

1 week

Application for restoration of the previous position after the obstacle has ceased§ 45 Abs. 1 StPO

Watch out – common mistakes

After an objection, the court is not bound by the penalty order (§ 411 para. 4 StPO). The outcome can be different.
The objection can be withdrawn until the judgment is pronounced at first instance (§ 411 para. 3 StPO).
A late objection leads to the objection being rejected; an immediate complaint is possible against this within one week (§ 411 para. 1, § 311 para. 2 StPO).

In depth · legal basis, figures and practice – for advisers and professionals

Deadline and form

§ 410 para. 1 StPO: The defendant may object to the penalty order within two weeks of service, in writing or for the record of the court registry, at the court that issued the penalty order. The objection may be limited to certain points of complaint. Without a timely objection, the penalty order is equivalent to a legally binding judgment.

Permissible legal consequences

§ 407 para. 2 StPO names, among others, a fine, a warning with suspended sentence, a driving ban, confiscation, withdrawal of the driving licence (ban of at most two years) and a prison sentence of up to one year whose execution is suspended on probation if the accused has a defence lawyer.

After the objection

§ 411 StPO: Inadmissible objections are rejected without a main hearing (immediate complaint within one week, § 311 para. 2 StPO). Otherwise a date is set for the main hearing. If the objection is limited to the amount of the daily rate, the decision can be made by order if everyone agrees. The defendant may be represented by a defence lawyer with power of attorney (§ 411 para. 2 with § 420 StPO). The court is not bound by the ruling of the penalty order. Consequences of failing to appear at the main hearing (§ 412 StPO) were not examined here.

Who is responsible

Local court that issued the penalty order
Lawyer as defence counsel

Quick questions

Worum geht es bei „Penalty order and objection (2 weeks)“?

A penalty order (Strafbefehl) is a written judgment without a hearing. You have two weeks to object.

Which deadlines and figures matter?

2 weeks: Objection to a penalty order after service (§ 410 Abs. 1 StPO)
1 week: Application for restoration of the previous position after the obstacle has ceased (§ 45 Abs. 1 StPO)

What should I do first?

Note the date of service: The date is on the envelope or the certificate of service. The deadline starts from it.
Get advice: A defence lawyer checks whether an objection makes sense.
File the objection: In writing or for the record at the court. Not only on the last day.

What do I need to watch out for?

After an objection, the court is not bound by the penalty order (§ 411 para. 4 StPO). The outcome can be different.
The objection can be withdrawn until the judgment is pronounced at first instance (§ 411 para. 3 StPO).
A late objection leads to the objection being rejected; an immediate complaint is possible against this within one week (§ 411 para. 1, § 311 para. 2 StPO).

Evidence

Bundesministerium der Justiz, Gesetze im Internet: § 410 StPO, retrieved 20 September 2026
Bundesministerium der Justiz, Gesetze im Internet: § 407 StPO, retrieved 20 September 2026
Bundesministerium der Justiz, Gesetze im Internet: § 411 StPO, retrieved 20 September 2026
Bundesministerium der Justiz, Gesetze im Internet: § 44 and § 45 StPO, retrieved 20 September 2026

As of

September 2026 · Sources and method

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