Penal order

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A penal order in Austria penalizes with administrative offenses in accordance with §§ 47 to 49 Administrative Penal Act 1991 .
Like the anonymous order and the organ penalty order, the penalty order is part of the abbreviated procedure in Austrian administrative criminal law . These three forms of ruling are intended to relieve the authority and, under certain conditions, enable it to impose administrative penalties without first having to conduct an investigation (ordinary administrative criminal proceedings).

requirements

The criminal behavior must be from

are reported on the basis of their own official perception or a confession made in front of them or have been determined on the basis of automatic monitoring.

content

The penal order must in any case show which authority has issued it, who the accused is (first and last name and place of residence), the act assumed to be proven, time and place of the commission, as well as which legal provision was violated and the amount of the penalty . In addition, the penal order must be instructed that an objection can be raised against it within 2 weeks . A penalty order had to be served personally ( RSa ) to the accused by June 30, 2013 . Since July 1, 2013, delivery by RSb letter has been sufficient.
Unlike a penal decision, the penal order does not contain any justification.

Penalty amount

The authority can impose a fine of up to 600 euros for each offense assumed to be proven. If there are several administrative offenses at the same time, these can each be fined separately with up to 600 euros.

Objection

In contrast to the anonymous ruling and the organ penalty order, the penalty order does not automatically expire if the penalty is refused or the penalty is not paid within a certain period of time. Rather, the unused expiry of the objection period makes the penal order legally binding and enforceable and also appears in the administrative criminal record. The only way to combat a penal order is to object, which must be submitted to the authority that issued the penal order within two weeks of delivery. If the accused objects, the due process must be initiated. No higher penalty may be imposed in the penalty decision (notification) issued on the basis of the objection than in the penal order. In the judgment, however, the accused is involved in the costs of the proceedings. The cost is 10% of the penalty imposed for the administrative penal decision. Even if the punishment actually pronounced cannot be higher, the amount to be paid by the accused can be increased by this 10%. In a confirmatory decision of an administrative court , i.e. if a complaint is lodged against the administrative authority's criminal decision, the contribution to the procedural costs according to Section 52 (2) VwGVG is 20%.

Individual evidence

  1. ↑ Article 7 Z 34 BGBl. I No. 33/2013 .