German administrative offense law
Criminal defense concerning an administrative offense
Have you received an administrative order imposing a fine or do you need a defense lawyer in proceedings regarding an administrative offense? Read on then! Here you can get help with administrative fines.
What is the law on administrative offenses?
German administrative offense law is a sub-area of administrative law that deals with violations of statutory regulations that do not reach the level of a criminal offense, but nevertheless violate public order. The main purpose of administrative offense law is to maintain public safety and order. It allows a quick and efficient response to less serious violations without having to apply the stricter criminal procedure rules of criminal law. Nevertheless, it is very important for those affected to know the legal options and consequences of an offense and, if necessary, to seek legal assistance from a specialist criminal defense lawyer.
While criminal offenses that are regulated in the German Criminal Code (Strafgesetzbuch – StGB), for example, can be punished with imprisonment or fines, administrative offenses are usually only punishable with a fine. Fines are not entered in the criminal record certificate. In the case of traffic law violations, fines can be recorded in the German Register of Driver Fitness (Fahreignungsregister – FAER), formerly the Central Traffic Register (Verkehrszentralregister). However, such an entry has no effect on the criminal record certificate, which is primarily used to document criminal offenses. The core of the law on administrative offenses is the Act on Regulatory Offenses (Ordnungswidrigkeitengesetz – OWiG), which sets out the general principles, procedures and legal consequences of administrative offenses. Laws that impose a fine refer to the OWiG, unless more specific regulations are provided for in the special laws. In addition to the OWiG, specific administrative offenses can be defined in a variety of other laws and ordinances, such as the Road Traffic Act (Straßenverkehrsordnung – StVO) for traffic offenses, the Federal Immission Protection Act (Bundes-Immissionsschutzgesetz – BImSchG) for environmental offenses or the Trade Regulation Act (Gewerbeordnung – GewO) for violations of trade law.
Administrative offenses can be prosecuted and punished by a variety of authorities, depending on the type of offense. For example, the municipal public order offices are responsible for many general administrative offenses, while the police punish traffic offenses and trade supervisory offices are responsible for trade-related administrative offenses.
The official procedure regarding administrative offenses
The procedure for punishing an administrative offense usually begins with the determination of the violation by the competent authority, followed by a hearing procedure in which the individual in question can make a statement. Many of those concerned make statements at this point without consulting a lawyer, which will influence the administrative offense proceedings – usually to their disadvantage. Many fines are only issued as a result of the careless statements made by the person concerned. It is therefore strongly recommended not to make any statements without consulting a specialized lawyer. Before making a statement, it is usually always possible to request access to the files in order to submit a written statement via the defense lawyer if necessary. The authority then decides whether to issue a fine on the basis of the available evidence.
If a fine is issued, the person concerned can lodge an objection against it within the statutory time limit and in due form. After receiving the objection, the authority will review the fine again. If it upholds the decision to impose a fine and does not withdraw it, legal proceedings will usually follow.
Objection to the fine – the main proceedings in court
If the fine is upheld after an objection has been lodged in due form and time, the authority forwards the files to the public prosecutor’s office which, after examining the factual and legal situation, decides whether to discontinue the proceedings or carry out further investigations before forwarding the files to the locally competent district court. The individual concerned has the right to be heard, of course. They can also submit evidence and name witnesses. Careful preparation and representation by a specialized lawyer are decisive for the outcome.
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The defense in cases involving fines
A professional defense in cases involving fines begins with a comprehensive analysis of the case, the allegations and the evidence. Knowledge of the case file is of central importance here.
The aim when defending in cases involving fines is always to represent and strengthen the legal position of the individual concerned in the best possible way.
The core aspects and goals of a professional defense are outlined as follows:
1. Analyzing the administrative order imposing the fine: it is essential to check the formal and material correctness of the administrative order. Formal errors or inconsistencies can already lay the foundation for a successful defense strategy.
2. Examining the available evidence: a precise analysis of the evidence, such as measurement logs for traffic offenses or witness statements, is crucial. It is not uncommon to find grounds for objections here.
3. Lodging an objection: if there are discrepancies or chances for a defense, an objection is lodged against the administrative order imposing the fine. This must be done within a period of usually two weeks after notification of the order.
4. Developing a negotiation strategy: based on the legal and factual analysis, a strategy for further action is developed. This may include preparing for an oral hearing as well as drafting pleadings that set out the client’s position.
5. Goals of the defense: the goals may vary, depending on the situation and the client’s interests. Possible goals are:
- the complete annulment of the fine,
- the reduction of the fine,
- avoiding secondary consequences such as driving bans or points in the Register of Driver Fitness,
- avoiding an entry in the Register of Driver Fitness or in other registers.
6. Representation in court: in the event of a legal dispute, professional representation by an experienced lawyer is crucial. They can present the legal arguments, submit motions for evidence and, overall, effectively represent the interests of their client.
A professional defense therefore relies on a thorough case analysis, a well-thought-out strategy and competent representation of the client’s interests. The aim is always to achieve the best possible result for the client, whether this means the proceedings are discontinued, the sanctions are reduced or unjustified accusations are successfully defended against.
Have you received an administrative order imposing a fine? Have you received a hearing form from the police or a regulatory authority? Have you been asked to make a statement in person? Lawyer Salvatore Barba defends individuals involved in cases involving fines. For further information, please contact us here.
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