A Strafbefehl is a penalty order issued under German law without a prior trial hearing and on the basis of the investigation file. Anyone who receives a Strafbefehl should therefore consider more than the fine stated in the order. The evidence, any additional legal consequences, and the personal, professional, or immigration consequences of a final criminal conviction may be equally important.
An objection can generally be filed against a Strafbefehl within two weeks of service. In German, this objection is called an Einspruch. Whether filing an objection is advisable cannot be answered in the abstract. The charge, the evidence supporting it, and the legal and personal objectives that can realistically be pursued must be assessed in the individual case.
Once an admissible objection has been filed, the court will generally schedule a trial hearing. This does not mean, however, that every case must necessarily end in a full trial and judgment. Depending on what the case file shows, it may be appropriate to limit the objection to specific issues, pursue another form of procedural resolution, or seek discontinuation of the proceedings.
The risks associated with an objection must also be considered. In its later decision, the court is generally not bound by the penalties or other legal consequences imposed in the Strafbefehl. The outcome may therefore be more favorable, remain unchanged, or be less favorable.
Even after a Strafbefehl has been issued, conditional discontinuation of the proceedings under Section 153a of the German Code of Criminal Procedure (Strafprozessordnung, StPO) may still be considered. As a rule, an objection must first be filed within the applicable deadline to prevent the Strafbefehl from becoming final.
The complete Strafbefehl and the case file can then be reviewed to determine whether discontinuation is legally available and whether it appears appropriate as a defense strategy. Although such a resolution may be possible, there is no legal entitlement to it. Once the Strafbefehl has been issued, discontinuation requires the court’s approval as well as the consent of the public prosecutor’s office and the person concerned.
Key points
- An objection can generally be filed within two weeks of service of the Strafbefehl.
- If no timely objection is filed, the Strafbefehl has the same effect as a final judgment.
- Following an objection, the court is not bound by the legal consequences imposed in the Strafbefehl. The outcome may therefore also be less favorable.
- After an objection has been filed, it can be assessed whether discontinuation under Section 153a StPO should be pursued as a defense objective.
- If all imposed conditions are fulfilled completely and on time, the proceedings end without a criminal conviction.
What should be reviewed first?
The following points are particularly important:
- the exact date of service;
- the complete contents of the Strafbefehl;
- the charge and the legal consequences imposed;
- the evidence and the contents of the case file;
- possible professional, immigration, or other personal consequences;
- the realistic objective of an objection.
It is not necessary to respond immediately to the charge in order to preserve the objection deadline. The first priorities should be to protect the deadline and review the available documents in a structured manner.
Have the Strafbefehl reviewed
For an initial assessment, the complete Strafbefehl and documentation showing the date of service are particularly important. Prepare these documents and request an initial assessment.
What is a Strafbefehl?
A Strafbefehl is a court decision that is initially issued without a trial hearing. The public prosecutor’s office asks the Amtsgericht, the German Local Court, to impose specific legal consequences in relation to a particular charge. The court reviews the application on the basis of the investigation file. Before the Strafbefehl is issued, the accused person does not necessarily have to be heard again in person.
A Strafbefehl may impose, in particular, a criminal fine, a driving ban, confiscation, or other legal consequences provided for by law. Under specific conditions, it may also impose a custodial sentence of up to one year, provided that the sentence is suspended on probation.
If no objection is filed within the statutory deadline, the Strafbefehl becomes final and generally has the same effect as a final judgment. Only a timely objection causes the matter to be reviewed by the court again and will generally move the proceedings toward a trial hearing.
What is the deadline for filing an objection?
An objection can generally be filed against a Strafbefehl within two weeks. The deadline begins when the Strafbefehl is validly served on the person concerned, not on the date printed on the order.
The objection must reach the Amtsgericht that issued the Strafbefehl within this deadline. It may be filed in writing. Alternatively, the person concerned may go to the court registry in person and state that they wish to file an objection. A member of the court staff will record the declaration in an official record. A telephone call alone is not sufficient. The objection must reach the correct court in the required form and within the applicable deadline.
The Strafbefehl, the envelope in which it was delivered, and any proof of service should therefore be retained. If there is uncertainty about the date on which service became effective, the deadline should be calculated cautiously from the earliest possible date.
The objection may challenge the entire Strafbefehl or be limited to individual issues, such as specific penalties or other legal consequences. Determining the most appropriate option requires a review of the Strafbefehl and, where possible, the investigation file.
Can an objection also result in a harsher sentence?
Yes, this can happen. After an admissible objection, the court is not bound by the sentence or other legal consequences imposed in the Strafbefehl. The outcome may therefore be more favorable, remain unchanged, or be less favorable.
A harsher sentence is therefore a possible procedural risk associated with filing an objection. Relevant factors include the scope of the objection, the contents of the investigation file, the evidence, and the subsequent course of the proceedings.
Before deciding whether to file an objection, the potential benefits and risks arising from the Strafbefehl and the investigation file should therefore be assessed. In certain cases, the objection may also be limited to specific legal consequences.
Can the proceedings be discontinued under Section 153a StPO after an objection?
Yes, this is possible in principle. The Strafbefehl alone will not normally show whether discontinuation under Section 153a StPO was considered or assessed before the order was issued.
Following a timely objection, this option may be reassessed or examined in detail for the first time. A review of the investigation file, a legal submission, or additional documentation may reveal circumstances that were previously unknown or assessed differently. Discontinuation under Section 153a StPO may be possible, but there is no legal entitlement to it.
Section 153a StPO allows proceedings involving offenses classified under German law as Vergehen to be provisionally discontinued subject to conditions or directions. This requires the conditions to be capable of removing the public interest in prosecution and the degree of guilt not to prevent discontinuation.
Once the Strafbefehl has been issued, the proceedings are already pending before the court. The court may provisionally discontinue them under Section 153a StPO if the public prosecutor’s office and the person concerned consent.
A common condition is the payment of a specified amount to the state treasury or a charitable organization. The law also provides for measures such as compensating the damage caused, performing community service, or fulfilling specific support obligations.
If the imposed conditions are fulfilled completely within the specified period, the proceedings are discontinued. The conduct can then generally no longer be prosecuted as an offense classified as a Vergehen. If the conditions are not fulfilled, the criminal proceedings may continue.
Which factors may be relevant to the assessment?
Whether discontinuation appears appropriate and is acceptable to the public prosecutor’s office and the court depends on the circumstances of the individual case. Relevant factors may include:
- the nature and seriousness of the charge;
- the specific consequences of the alleged conduct and any resulting damage;
- the substance and reliability of the evidence;
- possible legal or factual objections;
- any previous convictions or other relevant prior matters;
- compensation for damage or other remedial efforts;
- the personal and professional consequences of the proceedings;
- the duration and course of the proceedings to date;
- the suitability and proportionality of a possible condition.
Whether these factors weigh in favor of discontinuation under Section 153a StPO depends on the circumstances of the case. Even where several favorable factors are present, there is no legal entitlement to discontinuation.
Discontinuation after an objection as a possible defense strategy
Following a timely objection, the investigation file can be reviewed to determine which procedural objective is realistic and appropriate.
If discontinuation under Section 153a StPO appears possible, it may be proposed to the public prosecutor’s office and the court and supported by the relevant factual and personal circumstances. Whether the necessary approvals and consents are obtained depends on the circumstances of the individual case.
Discontinuation should also be weighed against the available alternatives, particularly limiting the objection or continuing to contest the charge.
Typical scenario: filing an objection to a Strafbefehl while living outside Germany
A typical cross-border situation may arise as follows:
A person living outside Germany receives a Strafbefehl issued by a German Amtsgericht. The charge concerns conduct alleged to have occurred in Germany. Because the documents are in a foreign language, the person is geographically distant, and the German procedure is unfamiliar, it may initially be unclear what consequences the Strafbefehl has and whether travel to Germany will be required.
After the date of service has been reviewed, the person has the Strafbefehl examined by a criminal defense lawyer and receives an assessment of its legal consequences. On that basis, the person decides to file an objection within the statutory deadline. At the same time, the defense lawyer requests access to the case file.
The case file is then reviewed. This includes assessing which factual and legal objections may be available, what risks a trial hearing could involve, and which form of resolution most closely serves the person’s interests.
If suitable grounds emerge, the person may decide to pursue discontinuation under Section 153a StPO as a defense objective. The defense may propose this option to the public prosecutor’s office and the court and explain the relevant circumstances in a written submission.
If the person concerned agrees to this resolution and the public prosecutor’s office also consents, the court may provisionally discontinue the proceedings subject to a condition under Section 153a StPO. Once the condition has been fulfilled completely and on time, the proceedings are finally discontinued.
This example illustrates one possible course of proceedings. Whether an objection is advisable and whether discontinuation under Section 153a StPO should be pursued must be assessed on the basis of the particular Strafbefehl, the investigation file, and the person’s objectives.
What to consider when living outside Germany
When does the two-week deadline begin?
The two-week period for filing an objection begins when the Strafbefehl has been validly served. Where service takes place outside Germany, it is especially important to keep a clear record of how and when the document was delivered. Cross-border service may raise additional questions, which are discussed in more detail in our article Service of a German summary penalty order abroad.
Communication with the court and the public prosecutor’s office
The correct case number, an address at which court documents and summonses can be served, and reliable contact details must be provided. Living outside Germany does not suspend or eliminate court deadlines.
Personal attendance
In proceedings following an objection to a Strafbefehl, the defendant can generally be represented at the hearing by a defense lawyer holding an appropriate power of attorney. The court may nevertheless order the defendant to appear in person. The summons and any additional court orders must therefore be reviewed to determine whether personal attendance is required.
An unjustified absence without proper representation may result in the objection being dismissed.
Payment of an imposed amount from abroad
Where a monetary condition has been imposed, particular attention should be paid to the recipient, the bank details, the required payment reference, and the payment deadline. It should also be ensured that the full amount reaches the recipient on time and that, if requested, proof of payment is submitted to the appropriate office within the applicable deadline.
A transfer initiated only on the final day may not be sufficient if the court order requires the full amount to have been received by the deadline.
What are the effects of discontinuation under Section 153a StPO?
The proceedings end without a criminal conviction. Discontinuation is not, however, an acquittal and does not include a judicial finding that the charge was unfounded.
Because discontinuation under Section 153a StPO is not a criminal conviction, it is not entered as a conviction in the Bundeszentralregister (the German Federal Central Criminal Register) and does not appear as a conviction in the Führungszeugnis (the German certificate of conduct showing certain criminal-record entries).
Certain information about the proceedings may nevertheless remain temporarily stored in the Central Register of Public Prosecution Proceedings. According to the German Federal Commissioner for Data Protection and Freedom of Information, information is generally deleted two years after the proceedings have been finally concluded. Where further matters are registered, it may be retained for longer. This register is not the same as the Führungszeugnis.
It must be assessed separately whether the underlying conduct may have consequences for a driver’s license, the practice of a profession, or immigration status, regardless of the discontinuation. Discontinuation under Section 153a StPO does not automatically resolve such issues governed by other legal rules.
Advantages and points to consider
Potential advantages
- no criminal conviction;
- no judicial finding of guilt;
- generally no entry as a conviction in the Führungszeugnis;
- possible resolution without a full trial hearing;
- a more predictable conclusion to the proceedings.
Potential disadvantages and limitations
- the imposed conditions may be financially or practically burdensome;
- discontinuation is not an acquittal;
- the evidence is not necessarily evaluated conclusively by the court;
- if the proceedings later continue, obligations already fulfilled are not automatically reversed or reimbursed;
- possible consequences outside the criminal proceedings, such as revocation of a driver’s license, must be assessed separately.
To determine whether discontinuation under Section 153a StPO is preferable to continuing to contest the charge, the case file, the available defense options, and the person’s objectives must be reviewed.
Which documents are needed for an initial assessment?
For a structured initial review, the following should be available wherever possible:
- the complete Strafbefehl;
- the envelope in which the Strafbefehl was delivered or other proof of service;
- all correspondence from the police, the public prosecutor’s office, and the court;
- any written hearing forms or summonses;
- information about statements already made;
- relevant contracts, receipts, messages, or other documents;
- information about possible professional or immigration consequences;
- for a person living outside Germany, a current address and reliable contact details.
Frequently asked questions
Does the objection against the Strafbefehl have to include reasons?
A detailed explanation is generally not required in order to file the objection within the deadline. Whether and when a substantive response to the charge should be submitted depends on the defense strategy and, as a rule, on the contents of the investigation file.
Can the objection be limited to specific issues?
Yes. The objection may, for example, be directed only against certain legal consequences imposed in the Strafbefehl. Whether such a limitation is appropriate should be assessed on the basis of the particular Strafbefehl and the potential consequences.
Do I have to admit the alleged conduct for the proceedings to be discontinued under Section 153a StPO?
No. An admission is not a statutory requirement for discontinuation under Section 153a StPO. Consent to discontinuation is not a confession and does not result in a judgment or a judicial finding of guilt. It is not, however, an acquittal either.
What happens if the amount imposed as a condition is not paid in full?
If the amount is not paid in full or within the specified deadline, the criminal proceedings may continue. The exact amount, the payment deadline, the required reference, and the timely receipt of the full amount should therefore be carefully observed.
Have you received a Strafbefehl? What are the next steps?
Whether to file an objection and, if so, whether to pursue discontinuation under Section 153a StPO as a defense strategy depends on the specific charge, the investigation file, and the personal consequences of a final decision.
For an initial assessment, the complete Strafbefehl and documentation showing the date of service should be available.
Contact us or schedule an initial consultation.
The contents of this article are provided for general informational purposes and do not replace legal advice based on the circumstances of an individual case.
Last updated: July 1, 2026. The legal framework, the practices of the authorities, and relevant case law may change.
Author: Salvatore Barba, Rechtsanwalt and Fachanwalt für Strafrecht (German lawyer and certified specialist in criminal law), as well as Avvocato stabilito (Milan).
