Warning (right)
A warning is a punishment for minor administrative offenses according to §§ 56 ff. Of the German law on regulatory offenses (OWiG). It can be combined with or without the levying of a warning fee ( Section 56 OWiG). It can be done orally or in writing.
The written warning, especially in road traffic law, is almost always associated with a request for payment between 5 and 55 euros.
Administrative offenses in stationary traffic when the owner or driver is absent can be identified by means of a notice that is attached to the vehicle - the written warning is usually sent by post. Colloquially this Note papers are also depending on the region speeding ticket , protocol or nodules called.
Written warnings
There are two options for a written warning:
- Payment by transfer form
- Payment on site at the authority
If the person concerned refuses a warning or does not pay the amount within the prescribed weekly period, a decision will be taken on the charge of an administrative offense as part of a formal administrative fine procedure . A fine is then usually issued, which is also associated with fees and expenses. In the case of stopping and parking violations (in stationary traffic ), in which the vehicle driver (perpetrator) cannot be identified, the vehicle owner is also obliged to bear the costs according to § 25a StVG (occasionally also "owner liability"). With the full and timely payment of the warning money, the warning is effective and the procedure is concluded. It can no longer be checked retrospectively from the legal and factual point of view by the administrative authority or the judiciary.
Obstacle to persecution
An effectively issued warning with the determination of a warning fee constitutes an obstacle to prosecution for a fine procedure because of the offense punished with the warning. A warning without a warning fee does not constitute an obstacle to prosecution for the prosecuting authority ( Section 56 (4), (1) sentence 1 OWiG).
Law enforcement agency
The prosecuting authorities, insofar as they are not stipulated in the respective laws (e.g. in the case of violations of foreign trade law, the criminal offense offices of the main customs offices responsible according to the HZA Tax Regulation ), are specified in the relevant jurisdiction ordinances of the federal states (e.g. in Baden-Württemberg the ordinance of State government on competences according to the law on administrative offenses (OWiZuVO) or in Bavaria the ordinance on competences in the regulatory offense law - ZuVOWiG). The punishment of traffic offenses with warning money are usually
- in cases of flowing traffic from the responsible police authority ( Section 57 OWiG) and
- in cases of stationary traffic also carried out by the municipal authority.
Warnings with warning money payment requests are not chargeable warnings , as they are not part of the law on costs .
