What is a penal order and do I have to accept it?

The short answer

A penal order is a direct penalty from the OM, usually a fine, without the intervention of a judge. You do not have to automatically accept it - you have 14 days to file an objection. If you file an objection, your case will still be heard in court. The judge can then impose a lower, equal or higher sentence. If you do not pay within the set deadline and also do not file an objection, the penal order becomes final.

What does the law say?

The penal order is regulated in the Code of Criminal Procedure. The OM may use this for less serious criminal offenses where the sentence does not exceed 6 years in prison. In practice, it usually involves fines up to €20,000. The law gives you the right to file an objection with the court within 14 days of service.

What should you pay attention to?

Pay close attention to the date on which the penal order was served - the 14-day objection period starts from that date. Check whether you actually agree with the accusation and the amount of the punishment. Keep in mind that the judge can also impose a higher sentence upon objection than was originally stated in the penal order.

Example from practice

Suppose: you receive a penal order of €500 for running a red light, but you are sure the light was still orange. You can then file an objection with the court within 14 days. The case will then be heard by a judge, where you can tell your story and present any evidence. The judge can acquit you, confirm the fine or theoretically impose a higher sentence. If you do nothing within 14 days, the €500 fine becomes final and you have to pay.

What can you do?

If you receive a penal order, you have three options. You can accept the punishment and pay, file an objection with the court, or seek legal advice on your options.