Organ penalty order
An organ penal order (also colloquially known as “organ mandate”, “penalty mandate” or “ speeding ticket” , in police jargon called “Orgerl”) is a decree created in Austria using special forms . This is issued by the authorized organs of public supervision (with the exception of organs of the public security service, which are ex-lege authorized) for certain administrative offenses perceived by them in order to collect a fine . The purpose of this process is to punish minor violations as quickly as possible. The legal basis for organ penal orders is Section 50 of the Administrative Penal Act 1991 and the Organ Penal Order (OrgStVfgV) issued on the basis of this legal provision. In addition to the anonymous order and the criminal order , it is one of the abbreviated procedures in Austrian administrative criminal law .
The amount intended as a punishment is either collected immediately (cash or by credit or debit card ) or payment is made using a payment slip . However, there is no legal claim on the part of the complainant to be handed over such a payment slip.
The forms of the police are blocks with twenty organ penal orders, each with one copy. If payment is made on site, the original will be handed over to the person complaining about after it has been filled in and the copy will be delivered to the authorities together with the amount collected or the deposit slip.
Other organs, e.g. B. those of the parking space monitoring usually have special electronic systems with printers, via which the organ mandate is recorded and printed out as an attachment to a payment slip. These instructions are left on the vehicle. Immediate payment to the institution is then not possible.
No legal remedy is permitted against an organ sanction . If the person complained of refuses to pay the penalty, the body must report to the authority. Failure to pay the penalty when a payment slip is handed out within two weeks is considered a refusal to pay.
If the board mandate is wrong, payment can be refused. Then there is a penal order or a formal procedure. In these cases, legal remedies are permitted.
Organ penal orders are issued in Austria according to the following federal laws:
Furthermore, organ penal orders are also issued according to special state laws of the federal states as well as on the basis of ordinances of individual cities.
With a few exceptions, the authorized body has discretion in assessing the question of whether it should proceed with an organ penal order or whether it should report to the authorities. When exercising discretion, the gravity of the offense must be taken into account. As a rule, an organ penal order is issued for minor violations. However, there is no legal claim that an administrative offense will only be punished with an organ penal order. This free discretion has its limit in the arbitrary control by the Constitutional Court .
