Administrative Offenses – Strategic Legal Defense in Germany

What Is Administrative Offense Law?

Administrative offense law lies between criminal law and general administrative law. It deals with unlawful but less serious breaches of legal obligations. The goal is not punishment, but to ensure compliance with legal rules through fines or other measures. It serves to maintain public order and provides an efficient way to sanction minor violations.

Unlike criminal offenses, which are governed by the German Criminal Code (Strafgesetzbuch, StGB), administrative offenses do not lead to imprisonment. They are typically sanctioned by fines. Such fines are generally not recorded in a person’s criminal record (Führungszeugnis). However, traffic violations can be registered in the German driving aptitude register (Fahreignungsregister –  FAER, commonly referred to as “points in Flensburg”) without affecting your official record.

Administrative offenses occur in everyday life as well as in a business context – for example:

• Traffic violations (speeding, running a red light, using a mobile phone while driving)
• Environmental and workplace safety violations
• Breaches of data protection, competition, or supervisory regulations (e.g., reporting or filing duties)
• Tax and commercial violations below the threshold of criminal liability

The main legal framework is the German Administrative Offenses Act (Gesetz über Ordnungswidrigkeiten – OWiG). It defines what constitutes an offense, how proceedings are conducted, and what rights the accused have. Additionally, many special laws contain their own fine provisions – for instance, the German Road Traffic Regulations (Straßenverkehrsordnung – StVO), the Federal Immission Control Act (Bundes-Immissionsschutzgesetz – BImSchG), the Trade Regulation Act (Gewerbeordnung – GewO), the Federal Data Protection Act (Bundesdatenschutzgesetz BDSG), or the Packaging Act (Verpackungsgesetz – VerpackG).

Depending on the type of violation, different authorities may be responsible – such as local regulatory offices, fine authorities, the police, or supervisory agencies.

Even seemingly “minor” administrative offenses can have far-reaching consequences. Early legal advice helps to avoid mistakes and unnecessary fines.

Typical Proceedings in Administrative Offense Law

An administrative offense proceeding usually begins with a hearing form (Anhörungsbogen) or a notice of fine (Bußgeldbescheid). These cases are generally handled by administrative authorities or specialized fine departments.

Typical stages of the process:

• Hearing of the person concerned – an opportunity to comment. Many individuals make careless statements during the hearing stage – often, that is the very reason why a fine notice is later issued. Before responding, your lawyer should review the file and examine the evidence.
• Issuance of the notice of fine – specifying the alleged offense, the amount of the fine, and possibly a driving ban.
• Objection – usually possible within two weeks after delivery. If the authority maintains its decision, the case proceeds to the local court (Amtsgericht) for a full hearing.
• Main hearing – includes evidence review, witness examination, and a final judgment or dismissal.

Our advice:

Stay calm and respond only after consulting your lawyer. Many notices of fine contain procedural or technical errors – for instance, inaccurate measurements, jurisdictional mistakes, or time-barred claims.

Is It Worth Challenging a Fine Notice?

Filing an objection is often worthwhile when there are doubts about the accuracy of the allegations or when procedural errors have occurred.

Common reasons include:

• Invalid or inaccurate speed measurements
• Missing signatures or incorrect instructions on legal rights
• Violation of procedural deadlines or limitation periods

After an objection, the authority first reviews the case; if it upholds the fine, the public prosecutor forwards it to the local court for decision. In court, the accused has the right to be heard and to present evidence or witnesses. A well-prepared defense strategy and legal experience can be decisive for the outcome. We carefully examine every fine notice and represent your interests – both before the authorities and in court.

What We Can Do for You:

• Obtain access to the case file and analyze all evidence (measurement records, calibration certificates, witness statements, limitation periods).
• Conduct a legal analysis of the alleged offense (elements of the violation, jurisdiction, procedural or formal errors).
• Submit targeted written statements during the hearing stage – only when it is beneficial.
• File timely and proper objections against the fine notice (Section 67 OWiG).
• Draft motions and submissions (objections, evidentiary motions, procedural dismissal requests).
• Prepare for trial (evidence strategy, witness examination, expert testimony).
• Represent you in court – professionally and effectively