Objection against penalty order

I have received a penalty order. How do I appeal?

Why have I received a penalty order?

In Switzerland, the vast majority of criminal convictions are convictions are by means of a summary penalty order (probably over 95%). Summary penalty orders are very efficient from the Prosecutions's point of view. The conviction is often handed down after only a superficial examination of the facts of the case, usually only on the basis of a police report. The Code of Criminal Procedure actually only provides for the issue of a summary if the accusation has been admitted by the accused or has been has been sufficiently clarified in some other way. "Sufficiently clarified" is, for example For example, in the case of a pure speeding offense by car, which was detected by a radar device. However, when it comes to more complex circumstances, especially where several people are involved, it is hardly ever is hardly ever clear from the outset. Nevertheless, even in often issued in such cases. The reason is simple: a A penalty order means much less effort than carrying out further investigations or discontinuing proceedings (which means acquittal). Public prosecutors can issue penalty orders on their own authority and they only require a brief statement of reasons. Discontinuation orders on the other hand, require a more detailed statement of reasons and must be be explicitly approved by the superior. You can work out for yourself yourself that every public prosecutor, especially with a large case load, will will reach for the penalty order in case of doubt.

Who can issue penalty orders?

A penalty order can be issued by criminal offense authorities (e.g. Statthalteramt) or by public prosecutor's offices. Penalty orders must be handwritten and signed by the person issuing them. be signed. The police may not issue penalty orders. However, they may issue administrative fines. The administrative fines relate to refer to an exhaustively defined catalog of violations with fixed fines. with fixed fines.

How do I lodge an objection?

Penalty orders are also referred to as "proposed sentences". They become a legally binding judgment if they are not contested. are not contested. Conversely, this means that summary penalty orders can easily be be appealed against. This does not require justification. The accused person only has to clearly express that he or she that they do not agree with the penalty order. The The biggest problem here is the short objection period of just 10 days. The 10-day period is calculated as follows: It begins on the day after of receipt from the post office and never ends at the weekend or on a public or a public holiday, but on the following working day (often Monday). (often on Monday). An objection must be legally valid - i.e. signed by hand - signed and, for reasons of proof, always sent by registered mail. for reasons of proof. Objections sent by telephone or e-mail are not valid.

What happens after my objection?

The objection procedure begins once the objection has been lodged. The criminal proceedings are resumed and further evidence is taken. What this means in individual cases varies. Often the public prosecutor's office will summon the accused to a so-called summoned to a so-called plea hearing. This is because the objection does not does not have to be substantiated. Please note: Anyone who does not attend the who fails to appear at the plea hearing without justification withdrawn. In many cases, the public prosecutor's office will want to convince the accused will want to persuade the accused to withdraw the objection (with reference the threat of costs). If this does not happen, the proceedings must either be discontinued (acquittal) or brought before the competent court. be charged.

How do I obtain access to my file?

By issuing the penalty order, the public prosecutor's office signals that the criminal proceedings are over from their point of view. This means that the accused person has the right to inspect the files. The files can be inspected on site at the authority's premises after prior which is of course cumbersome. Alternatively, the files can be sent to a law firm. They can then then scan the files and make them available to the accused (we are happy to offer this service).

What are the cost consequences of an objection?

First of all, the objection ensures that the public prosecutor's office to "take a closer look" at the case. If the order issued in the sense of a proposed judgment according to the motto: "If you don't defend yourself, you plead guilty.", even the objection can lead to the proceedings being discontinued. This is the case if the public prosecutor's office recognizes that the evidence is insufficient. If evidence that speaks in favor of an acquittal, this evidence can be be submitted in the objection proceedings (usually in writing). in writing). This is particularly the case if it was not the accused person who committed the offense, but someone else committed the offense and evidence of this exists. exists. If - for whatever reason - the proceedings are discontinued, the accused person generally does not have to pay pay anything (neither fines/penalties nor fees) and receives compensation if they were defended by a lawyer or otherwise had demonstrable costs due to the criminal proceedings, compensation.
If the case is referred to the court, the public prosecutor's office will prosecutor's office will charge additional fees and so will the court. In this respect, the cost risk increases. Even in court proceedings proceedings, however, it depends on the outcome of the proceedings whether something is is paid or, conversely, whether compensation is owed.

What do I have to do to obtain an acquittal?

This must be examined on a case-by-case basis using the files. In some cases, it takes very little to achieve an acquittal. In other cases, however, the case must be referred to the court and sometimes through several instances, even to the Federal Court. Federal Court. Of course, acquittals are not always possible. possible.

Do I need a criminal defense lawyer?

This depends heavily on the individual case. An initial assessment by an experienced criminal defense lawyer does not cost much, however, and will give you a quickly a realistic assessment of your chances. Give us a call.

How can I now lodge an objection to the penalty order free of charge and gain access to the files?

It's simple: use our online form to lodge your objection and send it by registered post today.