A penal order is a punishment imposed by the public prosecutor, or in minor cases by an investigating officer, without any court involvement. It is not an offer to settle: it establishes guilt, is enforceable and appears on the criminal record. The defendant who does nothing accepts it by default.
Statutory basis
Article 257a of the Code of Criminal Procedure allows a penal order for minor offences and for indictable offences carrying a maximum of six years. The prosecutor may impose a fine, a community service order of up to one hundred and eighty hours, a driving ban of up to six months, and directions such as compensating the victim. He may not impose a custodial sentence. Article 257e gives the recipient fourteen days to lodge opposition, after which the case goes to the criminal court.
How it works in practice
Most penal orders arrive by post after a hearing at the prosecutor’s office or without any hearing at all. Opposition is lodged in writing at the court or the prosecutor’s office and needs no reasons at that stage. The prosecutor may then withdraw or amend the order; if he does not, the case is tried in the ordinary way, and the court may impose a heavier or a lighter sentence than the order contained.
Where it goes wrong
The consequences of accepting are underestimated. A penal order is a finding of guilt and can obstruct a certificate of conduct, which matters for jobs in education, healthcare, transport and finance, and for permits and tenders. Second, the fourteen-day period is short and runs from service, not from the moment the letter is opened. Third, defendants lodge opposition and then fail to appear, on which the court may declare the opposition inadmissible so that the order stands.
Related terms
Dismissal of a case, summons and community service order.
Have you received a penal order and is a certificate of conduct at stake? Our criminal lawyers assess it and lodge opposition in time.
