Abbreviated procedure (Austria)

Organ penalty order

Anonymous disposal (depersonalized)

Abbreviated procedures (colloquially called “ penalty mandate” or “ speeding ticket” ) are called some simplified criminal procedures in Austria for less serious offenses .

These are written rulings without preliminary investigation and main hearing . They are based on a lack of facts that there would be "to negotiate", namely apparently clear evidence ( in-flagrante -cases) and fixed, not personalized fines (Catalog penalties), so penalties without penalties , mitigation or aggravating factor to be considered and other Factors. They are only used in cases where there is no direct, grosser damaging effect.

In administrative criminal law :

• Penalties for administrative offenses (up to € 600) by authorities (§§ 47-49  VStG 1991 )
• Anonymous disposal in the event of violations (up to € 365) in the road traffic regulations (Section 49a VStG 1991)
• Organ penalty order for administrative offenses (usually up to 90 €) by police officers and other supervisory bodies (Section 50 VStG 1991)

The former are generally used and are issued by official authorities, usually the administrative penal authority of the first instance ( district administrative authority or state police directorate ). The latter two are mainly used in road traffic. The anonymous decree is issued in relation to a vehicle, i.e. against an unknown (anonymous) perpetrator to the vehicle owner , for example in radar monitoring and section control (imaging processes), the latter is specifically issued personally by police supervisory bodies , but also road supervisory bodies , for example the parking monitoring , the municipal regulatory authorities and the like. Whether this simplified procedure is used is at the discretion of the authority; there is no legal entitlement to omission of the oral hearing.

The former two are sent by post via RSb (return receipt), the latter in the form of a receipt, the actual parking ticket . They can be paid cashlessly by payment slip or directly in cash or cashless . Regular administrative criminal proceedings with negotiation are only initiated if the payment deadline is exceeded or if an objection is made - an objection is only possible when the penal order is issued, there is no legal remedy against the other two forms . Through the framework decision 2005/214 / JHA on the mutual recognition of fines and penalties, penal orders can in principle be enforced across the EU. However, implementation and implementation has so far been different from one country to another.

There is also the analogous form in the penal system , for prisoners in prisons and for offenders who are serving a replacement sentence :

• Abbreviated procedure for administrative offenses for administrative penalties, a reprimand or a fine of up to € 70 (Sections  108 and  116a  StVG )

Web links

• Penalties Catalog. How much does a traffic offense cost in Austria? Penalties and Legal Consequences. oeamtc.at

Individual evidence

1. ↑ Abbreviated administrative criminal proceedings. help.gv.at (as of January 1, 2016).
2. ↑ Framework Decision 2005/214 / JHA of the Council of 24 February 2005 on the application of the principle of mutual recognition of financial penalties. (online, EUR-Lex );
   the application to “fines and fines imposed for offenses against traffic regulations” is expressly mentioned in point 4 of the preamble ( consideration of the following reasons ).
3. ↑ Traffic fines abroad. help.gv.at.