Rejection to Summary Penalty Order (Einsprache gegen Strafbefehl)

by | Jun 30, 2024 | Strafrecht

Rejection to summary penalty order (Einsprache gegen Strafbefehl)

If you have received a summary penalty order (Strafbefehl) from the public prosecutor by registered letter (Einschreiben), you can file a written rejection (Einsprache) within a period of ten days. If you miss the deadline, the summary penalty order becomes legally binding and thus an enforceable criminal judgement. Penalty orders are issued in bulk (78’951 penalty orders in 2022 in the canton of Berne) and are very often based exclusively on police investigations. The accused are not heard. Only when the custodial sentence (Freiheitsstrafe) must be served immediately, the public prosecutor must conduct a hearing to examine the accused. It therefore cannot be repeated often enough: Summary penalty orders are prone to error!

If it is a traffic offence (Widerhandlung gegen das Strassenverkehrsgesetz) or a violation of the Narcotics Act (Widerhandlung gegen das Betäubungsmittelgesetz), and you have missed the rejection deadline, you will receive a second letter: This time from the Road Traffic Office (Strassenverkehrsamt). The summary penalty order will be followed by the withdrawal of your driver’s licence.

But that’s not all. A custodial sentence (Freiheitsstrafe), a monetary penalty (Geldstrafe) or a fine (Busse) of more than CHF 5,000.00 will be entered in the criminal record (Strafregistereintrag). This can have negative consequences when looking for a job or in a naturalisation procedure.

You can also file a rejection yourself. The rejection does not have to be substantiated; the sentence “I file rejection” (“Ich erhebe Einsprache”) is sufficient. For a fee (Gebühr), you can ask the public prosecutor’s office (Staatsanwaltschaft) to make copies of the files (Akten). So why should you instruct a lawyer specialising in criminal law? This has the following advantages:

 

  • After receiving the files, I will explain to you what the chances of your rejection are. I can assess whether the sentence imposed in the summary penalty order is appropriate. In this way, I can save you from unnecessary costs and a higher penalty, as you may also receive a more severe penalty in court. An rejection can be withdrawn in court without incurring any further costs until the parties’ submissions have been concluded.
  • I will advise you on which requests for evidence should be made (e.g. witness interviews, submission of documents) and explain the further course of the proceedings to you.
  • I will also accompany you to hearings before the police or public prosecutor’s office and take part in the questioning of possible witnesses, informants or co-defendants.
  • I check whether the police and public prosecutor comply with the rules of criminal procedure. I also guarantee that the police and public prosecutor record the questioning correctly and do not ask any unauthorised questions. Unfortunately, it is often the case that an accused person who is represented by a lawyer is treated very differently by the police and the public prosecutor than if they are questioned without legal representation.
  • If you are indigent (mittellos) and meet the requirements, I will apply to the public prosecutor’s office for an official defence (Amtliche Verteidigung). In this case, the lawyer’s fees and court costs will be covered by the state for the time being.