Notice of Fine for an Administrative Offense; Appeal

Compared to a criminal offense, an administrative offense is a less serious violation. It is prosecuted in proceedings with an administrative law component. However, these proceedings may lead to a trial before the ordinary courts that is similar to criminal proceedings.

Initially, the administrative authority has jurisdiction. Which specific administrative authority is responsible is determined by the laws containing the provisions on fines, the jurisdictional regulations of the federal states, or by Sections 36 and 37 of the Administrative Offenses Act (OWiG).

In the case of a merely minor administrative offense, the authority may, with the consent of the person concerned, issue a warning as a less severe alternative to a fine notice. This warning becomes effective only if the person concerned pays the warning fine on time. If the proceedings are not discontinued and no (valid) warning has been issued, the administrative authority may, after hearing the person concerned, issue a fine notice against that person.

You have received a notice of a fine and, according to the information on your right to appeal, you have the option to file an appeal.

You may file an appeal against a fine notice in writing or orally on the record with the administrative authority that issued the fine notice. The appeal may be limited to specific grounds for objection.

As a general rule, the locally competent local court will rule on the appeal if the administrative authority upholds the fine notice and the public prosecutor’s office does not dismiss the case.

If the facts of the case are straightforward in terms of the evidence—particularly if the person concerned has admitted guilt—the local court may, after hearing the parties in writing, decide by order without an oral hearing, provided that neither the person concerned nor the public prosecutor’s office objects to a corresponding suggestion by the court.

In addition, the court may, with the consent of the public prosecutor’s office, dismiss the case by order at any stage if the case is pending before the court and the court does not consider a penalty to be warranted. The consent of the public prosecutor’s office is not required if a fine of up to 100 EUR has been imposed by the fine notice and the public prosecutor’s office has declared that it will not participate in the main hearing.

If no order is issued, the local court shall set a date for the main hearing. In this case, the person concerned must be summoned and is required to appear, unless the court has, upon the person’s request, exempted them from the obligation to appear in person. The decision in this case is rendered by judgment or order.

In court proceedings involving fines, court fees are generally calculated based on the amount of the final and binding fine imposed.

The attorney’s fees for court proceedings involving administrative fines are determined only within a general framework (so-called “framework fees”). The attorney determines the fee on a case-by-case basis, taking all circumstances into account and exercising reasonable discretion. The primary factors taken into account are the scope and complexity of the attorney’s work, the significance of the matter, and the client’s income and financial circumstances.