Service content
Description of the
Compared to a criminal offence, an administrative offence is a minor offence. It is prosecuted in administrative proceedings. However, this can lead to proceedings similar to criminal proceedings before the ordinary courts.
The administrative authority is initially responsible. Which administrative authority is specifically responsible is determined by the laws containing the provisions on fines themselves, the ordinances on jurisdiction of the federal states or by Section 36 and Section 37 of the Administrative Offences Act (OWiG).
In the case of a minor offence, the authority can issue a warning with the consent of the person concerned as a milder measure than the fine. This only becomes effective if the person concerned pays the fine on time. If the proceedings are not discontinued and there is no (effective) warning, the administrative authority can issue a fine notice after hearing the person concerned.
Prerequisites
You have received an administrative order imposing a fine and, according to the information on legal remedies, you have the option of lodging an appeal.
Deadlines
An appeal against an administrative order imposing a fine may be lodged in writing or for the record with the administrative authority that issued the administrative order within two weeks of service.Costs
In court fine proceedings, the court fees are generally calculated according to the amount of the legally binding fine imposed.
The lawyer's fees for the judicial fine proceedings are only determined by the framework (so-called framework fees). The lawyer determines the fee in each individual case at his or her reasonable discretion, taking into account all circumstances. The scope and difficulty of the lawyer's work, the importance of the matter and the client's income and financial circumstances are decisive.
Legal basis
Legal remedy
An appeal against a decision of the local court (judgement or order) is an appeal on points of law, but this is only admissible if certain conditions are met.
An appeal on points of law against a judgement is also admissible if an application for its admission is made and the court of appeal allows it.
The Bavarian Supreme Court will make the final decision on the appeal.
Procedure
You can lodge an objection to a fine notice in writing or for the record with the administrative authority that issued the fine notice. The objection can be limited to certain points of complaint.
As a rule, the locally competent district court decides on the appeal if the administrative authority upholds the fine notice and the public prosecutor's office does not discontinue the proceedings.
If the facts of the case are simple in terms of the evidence, in particular if the person concerned confesses, the local court may, after hearing the parties involved in writing, decide by order without an oral hearing if the person concerned and the public prosecutor's office do not object to the court making a corresponding reference.
In addition, the court may, with the consent of the public prosecutor's office, discontinue the proceedings in any situation by order if the proceedings are pending before the court and it does not consider it necessary to impose a penalty. The consent of the public prosecutor's office is not required if a fine of up to EUR 100 has been imposed in the fine notice and the public prosecutor's office has declared that it will not participate in the main hearing.
If no decision is made by order, the local court will set a date for the main hearing. In this case, the person concerned must be summoned and must also appear if the court has not exempted them from the obligation to appear in person at their request. The decision is made by judgement or order.