Warning fee

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A warning letter from Bielefeld .
Warning money receipt from the Erfurt People's Police ( GDR 1983)

A warning money or warning money is a fine that an administrative authority can levy on the person concerned in the event of minor administrative offenses . According to Section 56 of the Administrative Offenses Act, the amount of the fine is between 5 and 55 euros.

The standard rates of fines for traffic offenses are set in Germany in a nationwide uniform catalog of fines . When defining the term minor administrative offense , the authority has a margin of appreciation in the sense of the principle of opportunity . Administrative costs are not charged for warnings, unlike for fines .

In some federal states it is no longer possible to pay a warning fee in cash. However, at traffic controls in these federal states, the police can collect warning fees in cash from road users or those affected who are not resident in Germany. If the person concerned without a German place of residence does not pay a warning immediately, the police can ask for a security deposit, which can also mean that objects are forcibly secured. Objections on the spot have no suspensive effect in this case.

The citizen accepts a warning notice by the payment within seven days of access made by the written warning. The procedure is then completed and the data will be deleted after the prescribed retention periods have expired . If a fine has been paid, the action cannot be reproached.

According to § 55 OwiG, a hearing of the person concerned is also possible, who can then comment on the allegation. He doesn't have to make use of it. If he does this and rejects the warning, for example if he was not the driver of the vehicle in the event of an alleged traffic violation , the authorities can initiate administrative fines , which may be associated with additional fees.

If the authority misses the hearing in the warning money procedure, there is an incorrect administrative act, which can, however, be cured by making up for it.

Warning fines are also called "parking tickets". The next higher level is the fine . In criminal law , again, there is talk of a fine .

See also