Received a Swiss Penal Order? Your Rights and Options

If you receive a penal order in Switzerland – for example, due to speeding – you must quickly decide how to proceed. A penal order is a proposal by the public prosecutor to conclude the case without a court trial. If you disagree, you must file a written objection within ten days.

What Is a Penal Order?

A penal order is a proposal for judgment in minor cases (e.g., fines or financial penalties up to 180 daily rates). Around 95% of criminal cases in Switzerland end this way. If you don’t object, the order becomes a final judgment.

Filing an Objection – Fast and Simple

You don’t need to explain your reasons – just write something like “I do not agree.” Be sure to send your objection by registered mail to prove you met the deadline.

What Happens Next?

The prosecutor can:

·         drop the case,

·         issue a new penal order,

·         or file charges with the court.

If it goes to trial, the court re-examines the case. It may even impose a harsher sentence, as the prohibition of harsher punishment does not apply in this process.

Do I Need a Lawyer?

Legal advice is highly recommended. It helps you assess your chances: Are there solid proofs? Is the description accurate? You may be advised to hire a defense attorney. And if the prospects are poor, you can withdraw your objection later, even during trial.