Simplified Procedure
Simplified Procedure
Administrative criminal law enables authorities to punish minor administrative offenses quickly and efficiently through abbreviated procedures. In doing so, authorities resolve certain violations directly via on-the-spot fines, anonymous notices, or penal orders without conducting extensive investigative proceedings.
An abbreviated procedure is a simplified form of administrative penal proceedings in which certain violations can be resolved directly through on-the-spot fines, anonymous notices, or penal orders.
Summary Penal Order
An on-the-spot fine is the classic ticket issued directly on-site by, for example, a police officer or a parking enforcement officer. It is used for minor administrative offenses, primarily in road traffic, such as illegal parking or minor speeding violations.
The advantage lies in the rapid resolution of the violation: if the prescribed fine is paid, the matter is considered settled and no further administrative penal proceedings follow.
Read detailed information on on-the-spot fines here.
Anonymous Penalty Notice
The authority uses the anonymous notice to punish minor administrative offenses quickly. However, it does not address the notice directly to the actual perpetrator, but usually to the registered owner of a vehicle, for example, after a radar measurement.
If the recipient pays the fine within the deadline, the authority closes the matter. If no payment is made, the authority initiates ordinary administrative penal proceedings and identifies the actual driver therein.
Read detailed information on anonymous notices here.
Administrative Penalty Order
The administrative authority issues a penal order as a formal decision, without previously conducting investigative proceedings.
It uses this instrument when the facts of the case have already been sufficiently clarified, for example, through a report by a public supervisory body or through technical monitoring devices such as radar.
The accused can lodge an objection against a penal order. If the objection is lodged within the deadline, the penal order is set aside and the authority conducts ordinary administrative penal proceedings.
Read detailed information on penal orders here.
Objection to the Penalty Order
Anyone who receives a penal order can contest it within a legally prescribed period. An objection automatically sets aside the penal order, and the proceedings are fully reviewed. In the subsequent proceedings, the person concerned has the opportunity to present their view of the facts and submit evidence. The authority then makes a new decision regarding the administrative offense and the amount of the fine.
Read detailed information on objecting to a penal order here.
Peter HarlanderHarlander & Partner Rechtsanwälte „An objection to a penal order is the central instrument for having an administrative fine legally reviewed. Anyone who lodges an objection within the deadline forces an ordinary proceeding and receives the opportunity to present their view of the facts. “
Advice instead of punishment
In certain cases, the Administrative Penal Act provides that authorities first provide advice instead of punishing immediately.
This principle applies when a violation is minor and there is only a slight impairment of protected interests. In such cases, the authority can first point out the violation to the person concerned and request that they restore the lawful state. If this request is complied with, a penalty may be waived.
Ordinary administrative penal proceedings
The authority conducts ordinary administrative penal proceedings if it does not resolve an administrative offense through an abbreviated procedure or if the person concerned lodges an objection against a penal order.
In this process, the competent administrative authority investigates the facts comprehensively, hears the accused, and examines all relevant evidence. At the end of the proceedings, the authority issues a penal decision, against which the person concerned can in turn seek legal remedies.
Your Benefits with Legal Assistance
Administrative penal proceedings often seem uncomplicated at first glance. In practice, however, deadlines, formal requirements, and unclear facts quickly lead to legal risks. Anyone who receives a penal order or wishes to take action against an administrative fine must exercise their rights in a timely and correct manner. Errors in the proceedings or a missed response can lead to a penalty becoming legally binding, even though legal objections would have been possible.
Legal support from a specialized law firm provides clarity on the actual legal situation and enables a targeted defense in administrative penal proceedings.
Sebastian RiedlmairHarlander & Partner Attorneys „The abbreviated procedure serves the rapid punishment of minor administrative offenses. At the same time, those affected must be aware that they can only safeguard their rights if they know the deadlines and response options precisely. “
