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Law on Administrative Offences

Original Language Title: Gesetz über Ordnungswidrigkeiten

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Law on Administrative Offences (OWiG)

Unofficial table of contents

OWiG

Date of completion: 24.05.1968

Full quote:

" Law on Administrative Offences as amended by the Notice of 19 February 1987 (BGBl. 602), the most recent of which is Article 4 of the Law of 13 May 2015 (BGBl. 706).

Status: New by Bek. v. 19.2.1987 I 602;
Last amended by Art. 4 G v. 13.5.2015 I 706

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1979 + + +) 
(+ + + measures due to EinigVtr cf. OWiG 1968 Annex EV,
No longer apply + + +)

This G replaces the G v. 25.3.1952 I 177 (OWiG) mWv 1.10.1968 Unofficial table of contents

Content Summary

Part one
General provisions
First section
Scope
Definition § 1
Substantive validity § 2
No sanctification without law § 3
Temporal validity § 4
Spatial application § 5
Time of action § 6
Place of action § 7
Second section
Principles of Ahndung
Committing by ominating § 8
Acting for another § 9
Premedittion and negligence § 10
Error § 11
Responsibility § 12
Attempt § 13
Participation § 14
Notwehr § 15
Justifiable emergency § 16
Third Section
Fine
Amount of the fine § 17
Payment facilities § 18
Fourth Section
Meetings of several violations of the law
Tattoo § 19
Tatmajority § 20
Meetings of criminal offences and regularity Section 21
Fifth Section
Recovery
Conditions of recovery Section 22
Advanced requirements for confiscation Section 23
Principle of proportionality § 24
Recovery of value replacement Section 25
Effect of confiscation Section 26
Self-assembly § 27
Compensation § 28
Special provision for institutions and representatives § 29
Sixth Section
Waste; fines on legal persons and associations of persons
Verfall § 29a
Fines for legal persons and associations of persons § 30
Seventh Section
Statute of limitations
Limitation of Tracking Section 31
Rest of the Prosecution Period Section 32
Interruption of the limitation period § 33
Limitation of enforcement Section 34
Part two
Fines
First section
Jurisdiction to prosecuate and pundiate administrative offences
Prosecution and prosecution by the managing authority § 35
Competence of the managing authority § 36
Local competence of the managing authority Section 37
Related Administrative Offences § 38
Multiple Responsibility § 39
Prosecution by the Public Prosecutor's Office § 40
Levy to the Public Prosecutor's Office Section 41
Acquisition by the Public Prosecutor's Office § 42
Levy to the managing authority Section 43
Binding of the managing authority Section 44
Jurisdiction of the Court § 45
Second section
General procedural rules
Application of the rules on criminal proceedings Section 46
Prosecution of administrative offences § 47
(dropped § 48
Access to the files of the person concerned and of the managing authority § 49
Communications from the Office of the European Union § 49a
Cross-procedural communications on request; miscellaneous use of data for cross-process purposes § 49b
File rules Section 49c
Announcements for archiving by image and other media Section 49d
Notification of actions by the managing authority § 50
Procedures for the management of the managing authority Section 51
Reinstatation to the previous level Section 52
Third Section
Pre-Procedure
I. General provisions
Tasks of the police Section 53
(dropped) § 54
Hearing of the person concerned § 55
II. Warding Procedures
Warning by the managing authority § 56
Warning by officers of the foreign and police service Section 57
Authorisation to issue the warning Section 58
III. Procedures of the managing authority
Remuneration of experts, interpreters and translators, compensation for witnesses and third parties § 59
Defence § 60
Conclusion of the investigation Section 61
Appeal against measures taken by the managing authority Section 62
IV. Proceedings of the Public Prosecutor
Participation of the managing authority § 63
Extension of the public action to the regularity of the law Section 64
Fourth Section
Fines
General Section 65
Contents of the fine Section 66
Fifth Section
Objection and legal proceedings
I. objection
Form and deadline Section 67
Competent court Section 68
Intermediate procedure Section 69
Decision of the Court of First Instance on the admissibility of the opposition Section 70
II. Main proceedings
Main negotiation Section 71
Decision by decision Section 72
Presence of the person concerned in the main hearing Section 73
Procedure in the absence of Section 74
Participation of the Public Prosecutor's Office in the Main Negotiation § 75
Participation of the managing authority Section 76
Extent of the taking of evidence Section 77
Simplified form of taking of evidence § 77a
Disregard of judgment Section 77b
Other procedural simplifications Section 78
III. Legal remedies
Legal complaint § 79
Authorisation of the legal complaint § 80
Occupation of the fines of the Higher Regional Courts § 80a
Sixth Section
Fines and criminal proceedings
Transfer from the fine to the criminal proceedings § 81
Awareness of fines in criminal proceedings Section 82
Procedures for administrative offences and offences Section 83
Seventh Section
Legal force and resumption of proceedings
Effect of legal force Section 84
Resumption of proceedings § 85
Annulment of the fine in criminal proceedings § 86
Eighth section
Procedures for the arrangement of side effects or the fixing of a fine against a legal person or association of persons
Arrangement of confiscation and decay Section 87
Determination of the fine against legal persons and associations of persons Section 88
Ninth Section
Enforcement of fines
Enforceability of the fines decisions § 89
Enforcement of the fine § 90
Enforcement of the Court's ruling Section 91
Enforcement authority § 92
Payment facilities Section 93
Settlement of partial amounts Section 94
Recovery of the fine § 95
Arrangement of enforcing detention § 96
Enforcement of the Enforcement Section 97
Enforcement against young people and adolescents Section 98
Enforcement of side effects requiring payment of a cash payment § 99
Subsequent decisions on confiscation § 100
Enforcement in the remission § 101
Subsequent criminal proceedings Section 102
Court decision Section 103
Proceedings in the case of a court decision Section 104
Tenth section
Cost
I. Procedure of the managing authority
Cost Decision Section 105
Cost-setting Section 106
Fees and expenses Section 107
Right of appeal and enforcement Section 108
II. Proceedings of the Public Prosecutor Section 108a
III. Procedure on the admissibility of the opposition § 109
IV. Expositions of the person concerned Section 109a
Eleventh Section
Compensation for persecutions § 110
Twelfth section
Electronic documents and electronic records
Preparation and submission of form-bound and other electronic documents to authorities and courts § 110a
Electronic records § 110b
Preparation of electronic documents by authorities and courts and service to the public prosecutor's office § 110c
File printout, file inspection and file transfer § 110d
Carrying out the taking of evidence § 110e
Part Three
Individual Administrative Offences
First section
Violations of State orders
Incorrect name Section 111
Breach of the house rules of a legislative body Section 112
Unauthorised collection Section 113
Entering military installations Section 114
Traffic with prisoners § 115
Second section
Breaches of public policy
Public call for administrative offences Section 116
Inadmissible noise Section 117
Harassment of the general public Section 118
Grossly offensive and harassing acts § 119
Forbidden exercise of prostitution; advertising for prostitution § 120
Holding dangerous animals Section 121
Full Rush § 122
Confiscation; Unusable § 123
Third Section
Abuse of state or state-protected signs
Use of coats of arms or flags of service Section 124
Use of the Red Cross or the Swiss Wappens § 125
Abuse of professional qualifications or professional badges § 126
Manufacture or use things that can be used for money or document forgery § 127
Manufacture or spread of paper money-like printed matter or illustrations § 128
Recovery Section 129
Fourth Section
Breach of duty of supervision in companies and companies § 130
Fifth Section
Common rules Section 131
Fourth part
Final provisions
Limitation of fundamental rights Section 132
Transitional provisions § 133
(dropped) Section 134
entry into force § 135

Part one
General provisions

First section
Scope

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§ 1 Definition

(1) An illegal and reprehensible act is an offence which implements the facts of a law which permits the payment of a fine. (2) An act threatened with a fine is an illegal act which is the subject of an act which is unlawful and which is subject to the law. The existence of a law within the meaning of paragraph 1 shall be implemented even if it is not committed to a prefable position. Unofficial table of contents

§ 2 Sachliche validity

This law applies to administrative offences in accordance with federal law and national law. Unofficial table of contents

§ 3 No deferment without a law

An act can only be punished as an administrative offence if the possibility of punishment was determined by law before the act was committed. Unofficial table of contents

§ 4 Time validity

(1) The fine shall be determined in accordance with the law applicable at the time of the act. (2) If the threat of fine is changed during the commission of the act, the law applicable at the end of the act shall be applied. (3) If the law is to be applied, the law shall be applied. (4) A law which is to apply only for a given period of time shall be applied to acts committed during its validity, even if it does not comply with the law. (4) The law shall apply only for a given period of time, shall apply to acts committed during its validity, even if it is not has been repeal. This shall not apply to the extent to which a law determines otherwise. (5) Paragraphs 1 to 4 shall apply mutagenally for the consequences of an administrative offence. Unofficial table of contents

§ 5 Spatial validity

Unless otherwise specified, the law may be punishable only in the territorial scope of this Act or outside of that scope on a ship or on an aircraft that has the right to is to lead the Federal flag or the nationality symbol of the Federal Republic of Germany. Unofficial table of contents

§ 6 Time of action

An act is committed at the time when the offender has become active or should have acted in the event of omission. When success occurs, it is not decisive. Unofficial table of contents

§ 7 Place of action

(1) An action shall be committed in any place where the offender has acted or should have acted in the event of omission or where the success of the offence has occurred or has occurred after the performance of the perpetrator (2) The act of a party is also committed in the place where the offence of the law which permits the payment of a fine has been realised or should be carried out after the presentation of the party concerned.

Second section
Principles of Ahndung

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§ 8 Beating by ominating

Anyone who fails to make a success which is part of the offence of a fine shall only act in an orderly manner in accordance with this provision if it is legally required to ensure that the success does not occur and if the ominating of the Realization of the legal facts by means of a tun. Unofficial table of contents

§ 9 Action for another

(1) If a person is
1.
as a representative body of a legal person or as a member of such a body,
2.
as a representative of a legally competent partnership, or
3.
as the legal representative of another,
a law according to which special personal characteristics, circumstances or circumstances (special personal characteristics) give rise to the possibility of taking the opportunity to apply also to the representative if those characteristics do not exist with him, but in the case of the representative. (2) If a person is a holder of a holding or otherwise authorized to do so,
1.
Instructs its President to forward the operation, in whole or in part, or
2.
Expressly instructs, on its own responsibility, to carry out tasks which are the responsibility of the holder of the holding,
and if he acts on the basis of this order, a law according to which special personal characteristics shall give rise to the possibility of a sanctification shall also apply to the officer if those characteristics are not with him, but in the case of the holder of the holding exist. The company shall be the same as the enterprise within the meaning of the first sentence. (3) Paragraphs 1 and 2 shall apply even if the act of legal action, which is the subject of the application, shall be subject to the application of the The right of representation or the contractual relationship should be based on the ineffectiveness of the contract. Unofficial table of contents

§ 10 Pretext and negligence

Only deliberate action can be punished as an administrative offence, unless the law expressly threatens the negligent conduct of the act with fine. Unofficial table of contents

§ 11 Irrtum

(1) Any person who does not know a circumstance in the commission of an act which is part of the legal event shall not act intentionally. The possibility of punishment for negligent action remains unaffected. (2) If the perpetrator fails to do so, the intention is to do something illegal, in particular because he does not know the existence or the applicability of a piece of law, according to does not act as a pretext if it could not avoid this error. Unofficial table of contents

§ 12 Responsibility

(1) It is not possible to prevalue who is not yet fourteen years old when committing an act. A juvenile is only available under the conditions of § 3 sentence 1 of the Juvenile Juvenile Act. (2) It is not preventable who, in the commission of the act, because of a pathological mental disorder, because of a deep-reaching Consciousness disorder, or because of weak or a serious other mental abariness, is incapable of seeing the wretched of the action or acting upon this insight. Unofficial table of contents

§ 13 Attempt

(1) An offence is attempted, who, according to his conception of the act, directly applies to the realization of the facts. (2) The attempt can only be punished if the law expressly determines it. (3) The attempt will not be made. if the perpetrator voluntarily gives up the further execution of the action or prevents the perpetrator from completing the act. If the action is not completed without the intervention of the resigning, then its voluntary and serious effort to prevent completion is sufficient. (4) If several are involved in the act, then the trial of the person who voluntarily takes part in the act shall not be punished. to prevent completion. However, its voluntary and serious effort to prevent the completion of the act is sufficient if it is not completed without its involvement, or if it is committed independently of its previous involvement. Unofficial table of contents

Section 14 Participation

(1) In the event of a number of cases of unlawfulness, each of them shall act in a manner which is contrary to the rules of law. This applies even if special personal characteristics (§ 9 para. 1), which justify the possibility of punishment, are only available to a participant. (2) The participation can only be punished if the facts of a law that the A fine with a fine is allowed, is unlawfully implemented or in cases in which the attempt can be punished, this is at least attempted. (3) If one of the parties is not able to be prepaid, the possibility of punishment will be in the case of the others. If the law determines that special personal characteristics preclude the possibility of a sanctification, this applies only to the person in which they are present. (4) The law determines that an act which would otherwise be an offence of regularity would be the specific personal characteristics of the perpetrator shall be a criminal offence, this shall apply only to the person in which they are present. Unofficial table of contents

§ 15 Notwehr

(1) Those who commit an act which is offered by self-defense are not unlawful. (2) The defence is the defence which is necessary in order to avert a current illegal attack by himself or another. (3) The defences of the act are not carried out. Perpetrators the limits of the self-defense from confusion, fear or horror, so the action is not punished. Unofficial table of contents

Section 16 justifiable emergency

Those who, in a present, non-otherwise dissuasive danger to life, limb, liberty, honor, property or other legal property, commit an act in order to avert the danger of themselves or another, shall not act illegally if, in the event of a weighing up of the conflicting interests, namely the legal goods concerned and the degree of danger which threatened them, the protected interest significantly outweighs the affected interest. However, this shall only apply where the act is an appropriate means of averting the risk.

Third Section
Fine

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§ 17 Amount of the fine

(1) The fine shall be at least five euros and, if the law does not specify otherwise, a maximum of one thousand euros. (2) If the law for intentional and negligent action is subject to fine, without distinguishing to the maximum extent, negligent action may be taken Only half of the threatened maximum amount of the fine will be punished. (3) The basis for the imposition of the fine is the significance of the lack of regularity and the accusation that the perpetrator meets. The economic circumstances of the perpetrator are also considered; however, in the case of minor administrative offences, they are generally disregarded. (4) The fine is intended to give the economic advantage to the perpetrator from the lack of regularity. has pulled over. If the statutory maximum is not sufficient for this purpose, it may be exceeded. Unofficial table of contents

§ 18 Payment facilitation

If, according to his economic circumstances, the person concerned is not to be expected to pay the fine immediately, a payment period shall be granted or allowed to pay the fine in certain partial amounts. In this connection, it can be arranged that the advantage of paying the fine in certain partial amounts is not necessary if the person concerned does not pay a partial amount in time.

Fourth Section
Meetings of several violations of the law

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§ 19 Tattoo

(1) In the event that the same act is subject to several laws under which it may be punishable as an administrative offence, or if such a law is repeated several times, only one fine shall be fixed. (2) If several laws have been infringed, the fine shall be imposed by the Law, which threatens the highest fine. The side effects threatened in the other law can be recognized. Unofficial table of contents

Section 20 Tata majority

Where a number of fines have been lost, each shall be fixed separately. Unofficial table of contents

Section 21 Meeting of offence and regularity

(1) If an act is at the same time a criminal offence and an offence of regularity, only the Criminal Code shall be applied. The minor consequences threatened by the other law may be recognized. (2) In the case of paragraph 1, however, the act may be punishable as an administrative offence if a penalty is not imposed.

Fifth Section
Recovery

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Section 22 Conditions of confiscation

(1) As a secondary consequence of an administrative offence, objects may only be drawn in as far as the law expressly permits it. (2) The confiscation shall only be admissible if:
1.
the objects at the time of the decision belong to or belong to the offender, or
2.
the objects, in their nature and circumstances, endanger the general public or are in danger of being served by the commission of acts which are punishable by punishment or with fine.
(3) Under the conditions laid down in paragraph 2 (2), the confiscation of the goods shall also be permitted where the offender has not acted in a prevalue-able way. Unofficial table of contents

Section 23 Extended requirements for confiscation

By way of derogation from Article 22 (2) (1), if the law refers to this provision, the objects may be recovered even if the person to whom they belong at the time of the decision or to whom they are entitled,
1.
has contributed, at least lightly, to the fact that the matter or the right has been the means or object of the act or its preparation, or
2.
the goods have been acquired in a reprehensive manner in the knowledge of the circumstances which would have allowed the confiscation.
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Section 24 Principle of proportionality

(1) The confiscation may not be ordered in the cases of § 22 (2) (1) and 23 (23) if it is in the meaning of the act committed and on the accusation that the perpetrator affected by the confiscation or in the cases of § 23 meets the third party, (2) In the cases of § § 22 and 23 it is ordered that the confiscation be reserved, and a less incisitive measure is taken if the purpose of confiscation can also be achieved by them. The following shall be taken into consideration, in particular:
1.
to make the objects unusable,
2.
to remove certain items or marks on the objects, or to change them or to change them; or
3.
have to dispose of the objects in a certain way.
If the instruction is followed, the reservation of confiscation is cancelled; otherwise the confiscation will be retrospected. (3) The confiscation may be limited to a portion of the items. Unofficial table of contents

Section 25 confiscation of the value of the value

(1) If the offender has used the subject matter which he or she could have ordered at the time of the act or which could have been ordered and confiscation, the offender has recovered, in particular sold or consumed, or has taken the confiscation of the object. (2) In addition to the confiscation of an object, or in the case of an object, it may also be possible to collect a sum of money against the perpetrator, up to the level corresponding to the value of the object. If the offender is to be subject to the right of confiscation with the law of a A third party, whose extinguisher cannot be ordered without compensation, or which could not be ordered in the event of confiscation (Section 26 (2), § 28); if the order is taken in addition to the confiscation, the amount of the (3) The value of the object and the load can be estimated. (4) If the arrangement of the confiscation of an object is not executable or insufficient, because according to the arrangement one of the objects of the object is not possible. the conditions referred to in paragraphs 1 or 2 have occurred or have become known, (5) The granting of payment facilities shall be subject to § 18. Unofficial table of contents

Section 26 Effects of confiscation

(1) Where an object is drawn up, the ownership of the object or the right to be granted shall go beyond the legal force of the decision to the State or, in so far as the law so determines, to the body or institution of the public law, whose institution or body has ordered the confiscation. (2) The rights of third parties to the object remain. However, the deletion of these rights shall be arranged if the confiscation is based on the fact that the conditions set out in § 22 (2) (2) are fulfilled. The deletion of the right of a third party may also be arranged if compensation is not to be granted to the third party in accordance with § 28 (2) no. 1 or 2. (3) Before the legal force, the order of confiscation acts as a prohibition on divestment in the sense of § § 28 (2) (3). 136 of the Civil Code; the prohibition also includes other dispositions as divestitures. The same effect shall have the order of the reservation of confiscation, even if it has not yet been legally binding. Unofficial table of contents

Section 27 Self-employed

(1) If, on account of the lack of regularity, no specific person is persecuted or a fine is not fixed against a particular person, the collection of the object or the value of the value may be arranged independently. if the conditions under which the measure is authorised are otherwise available. (2) Under the conditions laid down in Article 22 (2) (2) or (3), paragraph 1 shall also apply if:
1.
the prosecution of the administrative offence is statute-barred; or
2.
otherwise, for legal reasons, no particular person can be prosecuted and the law does not determine anything else.
However, the confiscation may not be ordered if there is a lack of application or authorisation. (3) Paragraph 1 shall also apply if, in accordance with Section 47, the prosecution authority departs from the prosecution of the administrative offence or the court ceases the proceedings. Unofficial table of contents

§ 28 Compensation

(1) The state of ownership of the object or the right to be granted at the time of the legal force of the decision on the confiscation of a third party, or the object was subject to the law of a third party which has been granted the right to loathe by the decision; or , the third party shall be properly compensated in cash, taking into account the value of the traffic. The obligation to pay compensation shall apply to the State or to the body or institution of the public law to which the property or the right of property has been transferred. (2) Compensation shall not be granted if:
1.
the third party has contributed, at least lightly, to the fact that the object or the right has been the means or object of the act or of its preparation,
2.
the third party has acquired the subject-matter or the right to the subject-matter in a reprehensive manner, in the knowledge of the circumstances which allow the confiscation; or
3.
it would be admissible, in the circumstances which justified the confiscation, to withdraw the subject-matter from the third party without compensation on the basis of legislation outside the right of the offence of law.
(3) In the cases referred to in paragraph 2, compensation may be granted to the extent that it would be undue hardship to refuse them. Unofficial table of contents

Section 29 Special provision for institutions and representatives

(1) Has anyone
1.
as a representative body of a legal person or as a member of such a body,
2.
as a member of the board of an unlawfully association or as a member of such a board,
3.
as an authorised shareholder of a legally-capable partnership,
4.
as the general representative or in a senior position as an authorised representative or representative of a legal person or of an association of persons referred to in paragraph 2 or 3, or
5.
as other person responsible for the management of the holding or undertaking of a legal person or of an association of persons referred to in point 2 or 3, including the supervision of the management or the other exercise be heard by control powers in a leading position,
an act which, under the other conditions of Sections 22 to 25 and 28, would allow him to confiscation of an object or the rate of compensation or to justify the exclusion of the compensation, his act shall be: Application of these provisions to the represented person. (2) § 9 para. 3 shall apply accordingly.

Sixth Section
Waste, fines on legal persons and associations of persons

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§ 29a Verfall

(1) If the offender has obtained or obtained something from a fine threatened with a fine and is not fixed a fine against him on account of the act, he may, against him, be ordered to repay a sum of money up to the amount equal to the value of the amount of money. (2) If the perpetrator of an act threatened with a fine has acted in respect of another and has acquired it by doing so, the offender of a sum of money may be disposed of up to the amount referred to in paragraph 1. (3) The extent of the landed and its value can be estimated. § 18 applies accordingly. (4) If a fine procedure is not initiated against the offender or if it is set, the decay can be ordered independently. Unofficial table of contents

Section 30 Fines imposed on legal persons and associations of persons

(1) Has anyone
1.
as a representative body of a legal person or as a member of such a body,
2.
as a member of the board of an unlawfully association or as a member of such a board,
3.
as an authorised shareholder of a legally-capable partnership,
4.
as the general representative or in a senior position as an authorised representative or representative of a legal person or of an association of persons referred to in paragraph 2 or 3, or
5.
as other person responsible for the management of the holding or undertaking of a legal person or of an association of persons referred to in point 2 or 3, including the supervision of the management or the other exercise be heard by control powers in a leading position,
committing an offence or offence, by the obligations which the legal person or the association of persons meet, has been infringed, or the legal person or association has been or are being enriched , a fine may be imposed on them. (2) The fine is
1.
in the case of an intentional crime, up to ten million euros,
2.
in the case of a negligent offence, up to five million euros.
In the event of an administrative offence, the maximum amount of the fine shall be determined in accordance with the maximum amount of the fine imposed for the offence. If the law refers to this provision, the maximum amount of the fine in the case of the offences referred to in the law shall be the maximum amount of the fine in the case of the second sentence. Sentence 2 shall also apply in the event of an act which, at the same time, is a criminal offence and an administrative offence if the maximum amount of the fine threatened for the offence exceeds the maximum rate of 1. (2a) In the event of a succession or of a total of Partial total legal succession by splitting up (Section 123 (1) of the Transformation Act) the fine may be fixed in accordance with paragraphs 1 and 2 against the legal successor or successor. In such cases, the fine may not exceed the value of the assets acquired and the amount of the fine which is appropriate to the right-of-law. In the case of a fine, the legal successor or successor to the legal successor enters into the proceedings in which the legal successor was found at the time of the effective succession of the succession. (3) § 17 (4) and § 18 apply (4) If a criminal or penal procedure is not initiated or is suspended because of the offence or regularity of the offence, or if the penalty is suspended, the fine may be set independently. By law, it can be determined that the fine can also be fixed independently in other cases. However, the self-determination of a fine against the legal person or association of persons is excluded if the offence or regularity cannot be prosecuted for legal reasons; § 33 (1) sentence 2 remains (5) The fixing of a fine against the legal person or association of persons does not preclude it from ordering the decay in accordance with § § 73 or 73a of the Criminal Code or in accordance with § 29a against them. (6) In order to secure the fine of § 111d (1) sentence 2 of the Code of Criminal Procedure, the fines shall be applied to the the application to the body of the judgment of the decision to take a fine.

Seventh Section
Statute of limitations

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§ 31 Anniversary of the Persecution

(1) The statute of limitations preclude the prosecution of administrative offences and the arrangement of side effects. Article 27 (2) sentence 1 no. 1 shall remain unaffected. (2) The prosecution of administrative offences shall be barred if the law does not determine anything else,
1.
three years in the event of administrative offences punishable by a fine of more than fifteen thousand euros,
2.
in two years, in the event of administrative offences punishable by a fine of more than two thousand five hundred to fifteen thousand euros,
3.
in a year of administrative offences punishable by fines of a maximum of more than one thousand to two thousand five hundred euros,
4.
in six months in the case of the other administrative offences.
(3) The limitation period shall begin as soon as the action is terminated. If a success associated with the event occurs only later, the period of limitation shall begin at that time. Unofficial table of contents

§ 32 Ruhen of the Prosecution Period

(1) The statute of limitations rests as long as the persecution cannot be started or cannot be continued under the law. This does not apply if the action cannot be pursued only because of the absence of a request or authorisation. (2) If a judgment of the first legal action or a decision pursuant to § 72 has been issued before the expiry of the period of limitation, the period of limitation shall expire not before the date in which the proceedings have been concluded in a legally binding manner. Unofficial table of contents

Section 33 Interruption of the period of limitation of persecution

(1) The limitation period shall be interrupted by:
1.
the first hearing of the person concerned, the announcement that the investigation proceedings have been initiated against him, or the order of such hearing or disclosure,
2.
any judicial hearing of the person concerned or of a witness or the order of that hearing,
3.
any appointment of an expert by the prosecution authority or the judge, if the person concerned has previously been heard or has been notified of the initiation of the investigation,
4.
any seizure or search order of the prosecution authority or the judge and judicial decisions which perpetuate them;
5.
the temporary cessation of the proceedings for the absence of the person concerned by the prosecution authority or the judge, and any order of the prosecution authority or of the judge following such a cessation of the procedure for the investigation of the the residence of the person concerned or the protection of evidence,
6.
any request by the prosecution authority or the judge to carry out an investigation abroad;
7.
the legal consultation by the prosecution authority of another authority prior to the conclusion of the investigation;
8.
the issuing of the matter by the Public Prosecutor's Office to the managing authority in accordance with § 43,
9.
the remission of the fine, provided that it is delivered within two weeks, otherwise by service;
10.
the receipt of the files at the Local Court pursuant to § 69 (3) sentence 1 and (5) sentence 2 and the rejecting of the matter to the managing authority pursuant to § 69 (5) sentence 1,
11.
every trial of a major treatification,
12.
an indication of the possibility of deciding without a main trial (Section 72 (1) sentence 2),
13.
the levying of the public action;
14.
the opening of the main proceedings,
15.
the criminal order or any other decision taken in accordance with the judgment.
In the case of self-employed proceedings, on account of the arrangement of a secondary order or the fixing of a fine against a legal person or association of persons, the period of limitation shall be replaced by the acts relating to the implementation of the provisions of the first sentence of (2) The limitation period shall be interrupted in the case of a written order or decision at the time when the order or decision is signed. If the document is not immediately entered into the course of business after the signature, the date in which it was actually entered into the course of business shall be determined. (3) After each interruption, the limitation period shall begin anew. However, the prosecution shall be statute-barred at the latest if, since the date referred to in Article 31 (3), twice the statutory limitation period, but at least two years have elapsed. If, in a case pending before the court, a person is accused of an act which is at the same time a criminal offence and an offence, the time limit resulting from the threat of criminal penalties shall be deemed to be the statutory limitation period within the meaning of sentence 2. § 32 shall remain unaffected. (4) The interruption shall act only with respect to the person to whom the act relates. In the cases referred to in the first sentence of paragraph 1 (1) to (7), (11) and (13) to (15), the interruption shall also occur if the act is directed at the prosecution of the act as a criminal offence. Unofficial table of contents

§ 34 Anniversary of the Enforcement of Enforcement

(1) A legally binding fine shall not be enforced upon expiry of the period of limitation. (2) The limitation period shall be:
1.
five years at a fine of more than one thousand euros,
2.
three years with a fine of up to one thousand euros.
(3) The statute of limitations begins with the legal force of the decision. (4) The statute of limitations rests as long as
1.
pursuant to the law, enforcement cannot be started or may not be continued,
2.
is subject to enforcement, or
3.
a payment facilitation is granted.
(5) Paragraphs 1 to 4 shall apply mutatily to minor consequences which require payment of a sum of money. If such an episode is arranged next to a fine, the enforcement of the one legal order shall not be forfeited earlier than that of the others.

Part two
Fines

First section
Jurisdiction to prosecuate and pundiate administrative offences

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Section 35 Persecution and prosecution by the managing authority

(1) The Administrative Authority shall be responsible for the prosecution of administrative offences, unless the Public Prosecutor's Office or in its place for individual acts of persecution of the Judges is appointed in accordance with this Act. (2) The Administrative Authority shall also be responsible for the enforcement of administrative offences, unless the court is called upon to do so in accordance with this law. Unofficial table of contents

Section 36 The administrative authority of the managing authority

(1) Sachlich is responsible for
1.
the managing authority, which is governed by law,
2.
in the absence of such a provision
a)
the competent national competent authority, or
b)
the competent Federal Ministry, in so far as the law is carried out by federal authorities.
(2) The Land Government may transfer the competence referred to in paragraph 1 (2) (a) to another authority or other body by means of a regulation. The federal state government may transfer the authorization to the supreme state authority. (3) The Federal Ministry responsible under paragraph 1 (2) (b) may, by means of a decree law which does not require the approval of the Federal Council, be responsible for transfer to another authority or other body. Unofficial table of contents

Section 37 Local competence of the managing authority

(1) Local authority is the managing authority, in the district
1.
the offence has been committed or has been discovered or has been discovered; or
2.
the person concerned is resident at the time of the initiation of the fine.
(2) If the place of residence of the person concerned changes after the initiation of the fine procedure, the administrative authority in whose district the new residence is located shall also be responsible. (3) If the person concerned has no territorial scope of this law. The place of residence shall also be determined by the habitual residence. (4) If the administrative offence is committed on a ship entitled to carry the flag of the Federal Republic, outside the territorial scope of this law , the administrative authority shall also be responsible, in the district of which the administrative authority shall be responsible. The port is located in the territorial scope of this law, which the ship, after the act, first reached. The first sentence shall apply to aircraft which have the right to hold the national membership mark of the Federal Republic of Germany. Unofficial table of contents

§ 38 Related Irregularities

In the event of a related administrative offence, which would be the responsibility of various administrative authorities individually in accordance with Section 37, each of these administrative authorities shall be responsible. There is a connection between several administrative offences if someone is accused of a number of offences or if several persons are accused of an administrative offence in respect of the same act. Unofficial table of contents

§ 39 Multiple jurisdiction

(1) If several administrative authorities are responsible in accordance with § § 36 to 38, the management authority shall be preferred, which, because of the act, has heard the person concerned first, have received it first by the police or who has received the files from the Police after the hearing of the person concerned have been sent first. This administrative authority may, in the cases of § 38, separate the proceedings for the related act. (2) In the cases referred to in the first sentence of paragraph 1, the prosecution and prosecution may, however, be carried out by another of the competent administrative authorities. An agreement between these administrative authorities shall be conferred if this is appropriate for the purpose of speeding up or simplifying the procedure or for other reasons. Where a number of administrative authorities are competent, the managing authority, which is due to take charge in accordance with the first sentence of paragraph 1, shall hear the other competent administrative authorities at the latest before the conclusion of the investigation. (3) The agreement referred to in the first sentence of paragraph 2 shall not be concluded, and shall, at the request of one of the administrative
1.
the joint next higher management authority,
2.
if a joint senior management authority is missing, the joint court competent in accordance with section 68, and,
3.
if according to § 68 different courts would be responsible, the upper court common to these courts.
(4) In the cases referred to in paragraphs 2 and 3, the transfer may be repealed in the same way. Unofficial table of contents

Section 40 Prosecution by the Public Prosecutor's Office

In criminal proceedings, the Public Prosecutor's Office is also responsible for the prosecution of the offence under the legal aspect of an administrative offence, provided that a law does not determine anything else. Unofficial table of contents

Section 41 levy to the public prosecutor's office

(1) The Administrative Authority shall issue the matter to the Public Prosecutor's Office if there is evidence that the act is a criminal offence. (2) If the Public Prosecutor's Office considers that criminal proceedings are to be initiated, it shall issue the case to the Managing authority. Unofficial table of contents

Section 42A takeover by the public prosecutor's office

(1) The Public Prosecutor's Office may take over the prosecution of the administrative offence until the fine is issued if it pursues a criminal offence which is related to the offence of regularity. There is a link between an offence and an administrative offence if a person is both an offence and an offence or if, with regard to the same act, a person of a criminal offence and another is an offence of regularity. (2) The Public Prosecutor's Office is to take over the persecution only if this appears to be relevant to the acceleration of the proceedings or because of the factual context or for other reasons for the investigation or the decision. Unofficial table of contents

Section 43 levy to the managing authority

(1) If, in the cases of § 40, the Public Prosecutor's Office does not apply the procedure for the offence, or if it does not take over the persecution in the cases of § 42, there is evidence that the act is pursued as an offence of regularity. (2) If the prosecution has taken over the proceedings, it may issue the case to the managing authority, as long as the proceedings have not yet been brought before the Court of First Instance; it has the object , if it cees the proceedings only for the related offence. Unofficial table of contents

Section 44 Binding of the managing authority

The administrative authority is bound by the resolution of the public prosecutor's office whether an act is being prosecuted or not. Unofficial table of contents

Section 45 Jurisdiction of the General Court

If the public prosecutor's office pursues the offence of a criminal offence, the court responsible for the criminal case shall be responsible for the prosecution of the offence of administrative offence.

Second section
General procedural rules

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Section 46 Application of the rules on criminal proceedings

(1) The provisions of the general laws on criminal proceedings, including the Criminal Procedure, the Law of the Court of Justice and the Law on Criminal Procedure, shall apply to the fine-fine procedure unless otherwise specified by this law. (2) The prosecution authority, in so far as this law does not determine otherwise, has the same rights and obligations as the Public Prosecutor's Office in the prosecution of criminal offences. (3) Detention, arrest and provisional arrest, seizure of postal items and telegrams, and Requests for information on circumstances that are subject to postal and telecommunications secrecy are inadmissible. § 160 (3), second sentence, of the Code of Criminal Procedure on the Court of Justice is not to be applied. There is no action for the enforcement of a plea. The provisions on the involvement of the injured in the proceedings and on the cross-national procedural register shall not apply; this shall not apply to § 406e of the Code of Criminal Procedure. (4) § 81a (1) sentence 2 of the Criminal procedure is to be applied with the restriction that only the removal of blood samples and other minor interventions are permitted. Blood samples taken in a criminal procedure and other body cells, the removal of which would have been allowed in the fine-fine procedure after sentence 1, may be used. The use of blood samples and other body cells for carrying out an examination within the meaning of § 81e of the Code of Criminal Procedure is inadmissible. (5) The arrangement of the screening of the person concerned and of witnesses who fail to comply with a charge, is reserved for the judge. The detention for the purpose of forcing the certificate (§ 70 para. 2 of the Code of Criminal Procedure) must not exceed six weeks. (6) In proceedings against young people and adolescents, it is possible to use the juvenile justice system (Art. 38 of the Juvenile Court Act). (7) In the case of court proceedings, the Court of Appeal shall decide on the case of fines, the Chambers of Criminal Matters and the Chambers of State in the case of the District Court, and the Court of Appeal. Oberlandesgericht (Oberlandesgericht) and the Federal Court of Justice (Bundesgerichtshof), Senate (Federal Court of Justice) for fine Provisions for the implementation of § 191a, paragraph 1, sentences 1 to 4 of the Law on Judith Law, are to be determined in the legal decree pursuant to Section 191a (2) of the Law on Judith Law. Unofficial table of contents

§ 47 Persecution of Administrative Offences

(1) The prosecution of administrative offences is at the discretion of the prosecuting authority. (2) If the proceedings are pending before the Court of First Instance and does not consider it necessary to do so, it may, with the consent of the Public Prosecutor's Office, adjust the proceedings in any situation. The consent shall not be required if a fine of up to one hundred euros has been imposed by the fine and the public prosecutor's office has declared that it does not take part in the main hearing. The decision shall not be countervailable. (3) The termination of the procedure must not be made dependent on or related to the payment of a sum of money to a non-profit-making body or agency. Unofficial table of contents

§ 48

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Section 49 File inspection of the person concerned and of the managing authority

(1) The administrative authority may grant the person concerned access to the files under supervision, unless the overriding legitimate interests of third parties are in conflict. (2) If the prosecutor's office is a prosecutor's office, the otherwise competent authority shall be The Administrative Authority shall have the power to inspect the files available to the General Court or to be presented in the judicial proceedings, as well as to inspect items seized and confiscated. The files shall be sent to the managing authority at the request for inspection. Unofficial table of contents

Section 49a Cross-procedural communications of its own motion

(1) From its own point of view, courts, public prosecutors and administrative authorities may transmit personal data to the competent authorities and courts from fine-fine proceedings, as far as this is necessary from the point of view of the transmitting body for
1.
the prosecution of criminal offences or of other administrative offences,
2.
decisions in other financial matters, including decisions relating to the execution of fines or in cases of mercy, or
3.
other decisions or measures pursuant to § 479 (2) of the Code of Criminal Procedure;
The same applies to the authorities of the police service, insofar as this permits the corresponding application of Section 478 (1) of the Code of Criminal Procedure. § 479 (3) of the Code of Criminal Procedure applies accordingly. (2) The transmission is also admissible if special circumstances of the individual case are the transmission for the purposes specified in § 14 (1) No. 4 to 9 of the Introductory Act to the Law on the Law of the Court shall, in conjunction with the second sentence of paragraph 2, require that provision be made in accordance with the appropriate application. (3) A transfer under paragraphs 1 and 2 shall not apply to the extent that it is clear to the agency that it is responsible for the protection of the interests of the person concerned on the exclusion of the transmission. (4) For the transmission by Administrative authorities shall be applied in addition to the appropriate
1.
§ § 12, 13, 16, 17 No. 2 to 5 and § § 18 to 21 of the Introductory Act on the Law of the Court of Justice and
2.
§ 22 of the Introductory Act to the Law of the Court of Justice, with the proviso that the proceedings pursuant to § § 23 to 30 of this Act shall be replaced by the procedure pursuant to § 62 (1) sentence 1, para. 2 and to the place of the law in § 25 of the Introduction Act Court of First Instance called the court referred to in § 68 of the Court of First Instance.
In addition, the competent authority of the fine-monetary procedure may forward the decision to that procedure to the managing authority which has initiated the fine procedure or has otherwise participated in the proceedings if it does so from the If the authority of the addressee is required to fulfil a task in the context of the subject-matter of the proceedings; if an appeal has been rejected by the decision, it may be necessary to: the contested decision shall also be forwarded. With the consent of the Federal Council, the Federal Ministry, which is responsible for federal financial rules in its business area, may, in this respect, adopt general administrative provisions within the meaning of Section 12 (5) of the Introductory Act. (5) § § 480 and 481 of the Code of Criminal Procedure are to be applied mutatis mutuelly in the case of transfers of officings, whereby special provisions relating to the transmission or use of personal data are to be replaced by special provisions. Information from criminal proceedings such as those relating to transmission or use of personal data arising from fine-fine procedures. A transmission in accordance with § 481 (1) sentence 2 of the Code of Criminal Procedure shall not be required under the condition set out in paragraph 3. Only paragraph 1 of Section 482 of the Code of Criminal Procedure shall apply mutatily, and the notification of the file number shall also be applied to another administrative authority which has initiated the fine procedure or has otherwise participated in the proceedings. Unofficial table of contents

§ 49b Cross-procedural communications on request; miscellaneous use of data for cross-process purposes

§ § 474 to 478, 480 and 481 of the Code of Criminal Procedure apply analogously to the granting of information and the granting of access to documents upon request and the other use of data from fine procedures for cross-process purposes.
1.
in section 474 (2), first sentence, point 1 of the Code of Criminal Procedure, to the place of the offence that the offence is in breach of order;
2.
in section 474 (2), first sentence, no. 2 and 3, § 480 and § 481 of the Code of Criminal Procedure, to the place of special provisions on the transmission or use of personal information from criminal proceedings, such as transmission or use of personal data arising from fine-fine procedures;
3.
in section 477 (2), first sentence, of the Code of Criminal Procedure to replace the purposes of the criminal procedure with the purposes of the criminal proceedings;
4.
in Section 477 (3) (2) of the Code of Criminal Procedure, a period of one year shall be replaced by a period of two years; and
5.
§ 478 (3) sentence 1 of the Code of Criminal Procedure must be applied with the proviso that the court referred to in § 68 in the proceedings pursuant to section 62 (1) sentence 1, (2) of the German Code of Criminal Procedure for the transfer by administrative authorities of the application for a court decision decides.
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§ 49c File regulations

(1) For the processing and use of personal data in files, the provisions of the Second Section of the Eighth Book of the Code of Criminal Procedure shall apply in accordance with the following provisions, subject to special provisions in other laws. (2) The storage, modification and use may, subject to the provisions of paragraph 3, be effected only in courts, public prosecutors and administrative authorities, including enforcement authorities, and the police service authorities; as far as this is in accordance with § § 483, 484 (1) and § 485 of the Criminal Procedure Code , the purposes of the fine-fine procedure shall be the subject of the criminal proceedings. Personal data from fines may also be used to the extent that it is necessary for the purposes of criminal proceedings, mercy proceedings or international legal and administrative assistance in criminal and penal matters. The storage of personal data of persons who were not punishable by law at the time of the crime is inadmissible for purposes of future fines. (3) The establishment of a common automated file according to § 486 of the Code of Criminal Procedure for the bodies referred to in paragraph 2 which belong to the business areas of various federal or state ministries shall be admissible only if they are required for the proper performance of the tasks and taking into account the interests worthy of protection; of the persons concerned is appropriate. (4) § 487 para. 1 sentence 1 of the The Code of Criminal Procedure shall apply with the proviso that the data stored in accordance with paragraphs 1 to 3 may be transmitted to the competent authorities only for the purposes referred to in paragraph 2; section 49a (3) shall apply to the transfer of the data from its own authority. accordingly. § 487 (2) of the Code of Criminal Procedure is to be applied with the proviso that the transmission can take place in so far as it could be made from the files under this Act. (5) Insofar as personal data for the purposes of the future prosecution of The period within the meaning of § 489 (4) sentence 2 no. 1 of the Code of Criminal Procedure shall be allowed for five years for a fine of more than 250 euros, in all other cases of § 489 (4) sentence 2 no. 1 to 3 of the Code of Criminal Procedure do not exceed two years. Unofficial table of contents

§ 49d Communications for archiving by means of image and other data carriers

If, after the procedure has been completed, the files have been transferred to an image or other data medium, in accordance with the proper principles to replace the original, the document shall be proof that the content and the content of the document shall be reproduced in writing. in the case of a copy of an expression from the image or other data medium, the file inspection may be granted by transmitting an expression from the image or other data medium; the same shall apply to the issuing of information or other communications from the files. Endorsements to be applied to the original document shall be affixed in this case on proof of proof. Unofficial table of contents

Section 50 Announcement of measures by the managing authority

(1) Arrangements, dispositions and other measures taken by the managing authority shall be notified informally to the person to which the measure is addressed. Where a temporary remedy is admissible against the measure, it shall be notified in a communication by notification. (2) In the event of a notification of a date of appeal by the managing authority, which shall be challenged by a temporary appeal, , the person to which the measure is addressed shall be informed of the possibility of dispute and of the time-limit and form required for that purpose. Unofficial table of contents

Section 51 Procedure in the case of deliveries by the managing authority

(1) The provisions of the Administrative Appointing Act shall apply to the delivery procedure of the managing authority if a federal administrative authority carries out the procedure, otherwise the relevant national legal provisions, to the extent that the Paragraphs 2 to 5 shall not determine otherwise. If a document is created with the aid of automatic facilities, the document thus produced shall be delivered. (2) A communication (section 50 (1) sentence 2) shall be delivered to the person concerned and, if he has a legal representative, (3) The elected defender, whose authority is in the case of the files, and the defender appointed shall be deemed to have been authorised to receive deliveries and other communications for the person concerned; for the delivery of a load the person concerned shall be subject to this only if the defender in the power of attorney expressly states the Reception of charges is authorized. If a decision is sent to the defender in accordance with the first sentence of sentence 1, the person concerned shall be informed at the same time, and he shall receive a copy of the certificate informally. If a decision is sent to the person concerned, the defender shall be informed at the same time, even if a power of attorney is not present in the case of the file, and he shall receive a copy of the certificate informally. (4) If the person concerned is determined to: Delivery to more than one person entitled to receipt shall be determined by the calculation of a period after the last notification. (5) Section 6 (1) of the Administrative Appointing Act and the corresponding national legal provisions shall not be , If the person concerned has a defender, Section 7 (1) sentence 1 and 2 and 2 (2) of the Administrative Appointing Act and the corresponding national legal provisions shall not apply. Unofficial table of contents

Section 52 Re-establishment of rights in the previous stand

(1) § § 44, 45, 46 (2) and (3) and § 47 of the Code of Criminal Procedure on reinstatation to the previous stand are applicable to the temporary appeal against the decision of the managing authority, insofar as paragraph 2 does not determine anything else. (2) The administrative authority shall decide on the granting of the re-establishment of rights and the postponing of enforcement. If the Court of First Instance, which would have been competent to decide on the matter itself in the event of a timely appeal, is concerned with the appeal, it shall also decide on the granting of re-establishment of rights and the postponing of the reinstatation of the Enforcement. If the administrative authority rejects the request for re-establishment of rights, the decision shall be admissible within two weeks after the notification of the request for a court decision pursuant to section 62.

Third Section
Pre-Procedure

I.
General provisions

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Section 53 Tasks of the police

(1) The authorities and officers of the police service shall, at the discretion of the police, investigate administrative offences and, in so doing, to take all the inexorable orders in order to prevent the obscurity of the case. You have the same rights and obligations as in the case of the prosecution of criminal offences in the investigation of administrative offences, insofar as this law does not determine anything else. They send their files immediately to the administrative authority, in the cases of the connection (§ 42) of the public prosecutor's office. (2) The officers of the police service who are appointed to the investigators of the public prosecutor's office (§ 152 of the Court Constitutional Law) may order confiscations, searches, investigations and other measures in accordance with the provisions of the Criminal Procedure Code which apply to them. Unofficial table of contents

§ 54

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Section 55 Consultation of the person concerned

(1) § 163a (1) of the Code of Criminal Procedure is to be applied with the restriction that it is sufficient for the person concerned to be given the opportunity to comment on the accusation. (2) The person concerned does not need to be informed that he or she also be able to question a defender to be elected by him before his questioning. Section 136 (1) sentence 3 of the Code of Criminal Procedure shall not apply.

II.
Warding Procedures

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Section 56 Warning by the managing authority

(1) In the event of minor administrative offences, the managing authority may warn the person concerned and collect a warning fee of five to five-five euros. The warning referred to in the first sentence of paragraph 1 shall only be effective if the person concerned agrees with her on his right of refusal and the amount of the warning shall be paid in accordance with the determination of the The managing authority shall either pay immediately or deposit it in the notified body or post for transfer to that body within a time limit which is to be one week. Such a time limit shall be granted if the person concerned cannot immediately pay the warning money or if it is higher than ten euros. (3) On the warning referred to in the first sentence of paragraph 1, the amount of the warning and the payment or the approximately a certain payment period shall be issued with a certificate. Costs (fees and expenses) shall not be charged. (4) If the warning referred to in the first sentence of paragraph 1 is effective, the deed may no longer be prosecuted under the actual and legal aspects under which the warning has been granted. Unofficial table of contents

Section 57 Warning by officers of the foreign and police service

(1) Persons who are empowered to exercise the power under Section 56 for the Administrative Authority in the field of external service shall have to be expleted accordingly. (2) The power pursuant to Section 56 shall also be conferred on the officers of the police service authorised to do so, who shall be entitled to Detect or follow in the first access and identify themselves through their service clothes or other ways. Unofficial table of contents

Section 58 authorization to issue the warning

(1) The authorisation in accordance with § 57 (2) shall be granted to the top service authority of the official or to the authority designated by it. The competent authority should consult the supreme service authority on the question of which administrative offences are to be granted. In the event of administrative offences, for whose prosecution and prosecution a federal administrative authority is responsible, the competent federal ministry, otherwise the competent top national authority. (2) As far as certain In order to ensure that the regularity of the system is as uniform as possible with regard to its frequency and level of similarity, it is intended to provide for general authorisations to be given to administrative staff and officials of the police service for the purpose of issuing a warning. contain provisions on the cases in which and under which Conditions for the warning and the amount of the warning money to be charged.

III.
Procedures of the managing authority

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§ 59 Compensation of experts, interpreters and translators, compensation of witnesses and third parties

For the remuneration of experts, interpreters and translators, as well as the compensation of witnesses and third parties (§ 23 of the Justice and Compensation Act), the Justice Compensation and Compensation Act is to be applied. Unofficial table of contents

Section 60 Defense

If the involvement of a defender in the proceedings of the administrative authority is necessary (section 140 (2) sentence 1 of the Code of Criminal Procedure), the administrative authority shall be responsible for the appointment of the latter. It also decides on the admission of other persons as defence counsel and the rejection of a defender (Section 138 (2), § 146a (1) sentence 1, 2 of the Criminal Procedure Code). Unofficial table of contents

Section 61 Conclude of the investigation

As soon as the administrative authority has completed the investigation, it shall record this in the files if it considers the further prosecution of the lack of regularity. Unofficial table of contents

Section 62 Legal appeal against measures taken by the managing authority

(1) In the case of orders, dispositions and other measures taken by the managing authority in the fine-cashing procedure, the person concerned and other persons against which the measure is addressed may apply for a court decision. This does not apply to measures which are only taken in preparation for the decision, whether a statement of fines or the procedure is terminated, and have no independent significance. (2) The application decides on the application in accordance with § 68 of the German law. Competent court. § § 297 to 300, 302, 306 to 309 and 311a of the Code of Criminal Procedure as well as the provisions of the Code of Criminal Procedure on the imposition of the costs of the appeal proceedings shall apply mutatily. The judgment of the Court of First Instance shall not be countervailable unless the law otherwise determines.

IV.
Proceedings of the Public Prosecutor

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Section 63 Participation of the managing authority

(1) If the Public Prosecutor's Office has taken over the prosecution of the administrative offence (Section 42), the members of the otherwise competent administrative authority responsible for investigating administrative offences shall have the same rights and obligations as the officials. of the police service in the cash-money procedure. The otherwise competent administrative authority may order seizure, emergency divestments, searches and investigations in accordance with the provisions of the criminal procedure in force for investigators of the Public Prosecutor's Office. (2) The otherwise competent authority The Administrative Authority shall be notified of the indictment and of the request for a criminal order to the extent that they relate to an administrative offence. (3) The Public Prosecutor's Office, in the cases of § 40 or § 42, shall consider the proceedings for the purposes of the in the event of an administrative offence, it shall have the otherwise competent administrative authority to hear. It shall be able to dismiss it if the resolution can be used to depart from the special technical expertise of the managing authority. Unofficial table of contents

Section 64 Extension of the public action to the administrative offence

If, in the cases of Section 42, the Public Prosecutor's Office charges the public action on the grounds of the offence, it shall extend it to the offence of regularity, provided that the investigation provides sufficient reason to do so.

Fourth Section
Fines

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§ 65 General

In so far as this law does not determine anything else, the administrative offence shall be punished by a fine. Unofficial table of contents

Section 66 Content of the fine

(1) The letter of fines shall contain:
1.
the data relating to the person of the person concerned and of any side-party involved,
2.
the name and address of the defender,
3.
the description of the act which is the responsibility of the person concerned, the time and place of their commission, the legal characteristics of the administrative offence and the rules on fines applied,
4.
the evidence,
5.
the fine and the side effects.
(2) The letter of fines shall also include:
1.
the indication that:
a)
the statement of fines shall become final and enforceable if no objection is lodged in accordance with section 67,
b)
in the event of an objection, a more disadvantaged decision may also be taken,
2.
the invitation to the person concerned, not later than two weeks after the legal force or an approximately certain later maturity (§ 18)
a)
to pay the fine or the specific amounts to the competent cash register; or
b)
in the case of the insolvency of the executing authority (§ 92), in writing or in writing, why it is not reasonable to pay him in accordance with his economic circumstances; and
3.
the instruction to be able to be enforced (§ 96) if the person concerned does not satisfy his obligation under point 2.
(3) In addition to the information referred to in paragraph 1 (3) and (4), the letter of fines does not need to be justified.

Fifth Section
Objection and legal proceedings

I.
Objection

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Section 67 Form and time limit

(1) The person concerned may lodge an objection in writing or in writing to the administrative authority which issued the notice of fine, within two weeks of the notification of the fine, in writing or in writing. § § 297 to 300 and 302 of the Code of Criminal Procedure on appeal shall apply accordingly. (2) The objection may be limited to certain objections. Unofficial table of contents

Section 68 Permanent Court

(1) In the event of an appeal against the fine, the district court in whose district the administrative authority has its registered office shall decide. The judge at the local court decides alone. (2) In the proceedings against young people and adolescents, the judge is responsible. (3) In the district of the administrative authority of a country, there are several district court districts or several parts of such a Counties may, by means of a decree law, determine the jurisdiction of the local court, by way of derogation from paragraph 1, in which district the district court
1.
the offence has been committed or one of the offences has been committed (the place of origin); or
2.
the person concerned has his residence (place of residence),
in so far as it appears appropriate, in the light of the large number of proceedings or the distance between the place of residence or residence and the seat of the local court competent pursuant to paragraph 1, to divide the procedures into a number of local courts; Paragraph 3 shall apply accordingly. The district, from which the jurisdiction of the Local Court according to the first sentence depends, may include the districts of several local courts. The provincial government can transfer the authorization to the Land Justice Administration. Unofficial table of contents

Section 69 Intermediate procedures

(1) If the opposition is not filed in due time, not in the prescribed form or otherwise not in an effective manner, the managing authority shall dismiss it as inadmissible. The decision shall be admissible within two weeks after notification of the request for a court decision pursuant to § 62. (2) If the notice of opposition is admissible, the administrative authority shall examine whether it maintains or withholds the letter of fine. To that end, it may:
1.
arrange further investigations or carry out any further investigations,
2.
require authorities and other bodies to submit declarations of official perceptions, investigations and findings (Section 77a (2)).
The managing authority may also give the person concerned an opportunity to comment, within a time limit to be determined, on whether and what facts and evidence he intends to make in the further procedure for his discharge; he shall also be responsible for: (3) The Administrative Authority shall send the files relating to the Public Prosecutor's Office to the Local Court if they do not take the notice of fine. , and shall not proceed in accordance with the first sentence of paragraph 1; it shall state the reasons for this in the case-file, insofar as this is indicated according to the facts. The decision on a request for access to the file and its granting (Section 49 (1) of this Act, § 147 of the Code of Criminal Procedure) shall be made before the files are sent. (4) The duties of the public prosecutor's office shall be completed with the receipt of the file. Tracking authority on them. The public prosecutor's office shall submit the files to the judge at the local court if it does not set the proceedings or carry out any further investigation. (5) In the case of a manifestly insufficient clarification of the facts, the judge may take the case before the District Court. If the public prosecutor's office is informed of the reasons, the matter will be referred back to the managing authority, which will be responsible for the prosecution and prosecution with the receipt of the files. If the Judge of the District Court, in the event of a renewed submission, denials the reasonable suspicion of an administrative offence, he may, by decision, return the case definitively to the Administrative Authority. The decision shall be indisputable. Unofficial table of contents

Section 70 Decision of the Court of First Instance on the admissibility of the opposition

(1) If the provisions on the lodging of the opposition have not been complied with, the court shall dismiss the opposition as inadmissible. (2) The immediate appeal shall be admissible against the decision.

II.
Main proceedings

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Section 71 Main negotiation

(1) The proceedings according to the admissible opposition shall be governed by the provisions of the Code of Criminal Procedure which are subject to a valid opposition to a criminal order. (2) In order to clarify matters more effectively, the procedure shall be governed by the provisions of the Code of Criminal Procedure. the court
1.
order individual evidence surveys,
2.
require authorities and other bodies to charge declarations of official perceptions, investigations and findings (Section 77a (2)).
In order to prepare the main hearing, the court may also give the person concerned an opportunity to comment, within a period to be determined, on whether and what facts and evidence he intends to bring to discharge; § 69 (2) sentence 3 Half-set 2 shall be applied. Unofficial table of contents

Section 72 Decision by decision

(1) If the General Court does not consider a main hearing to be necessary, it may decide by decision if the person concerned and the public prosecutor's office are not in conflict with this procedure. The Court of First Instance has previously given them the possibility of such proceedings and of the appeal and shall give them the opportunity to express their views within two weeks of the date of notification of the case; Section 145a (1) and (3) of the Code of Criminal Procedure shall apply. accordingly. The court may disregard the person concerned from a notice and may also decide against his opposition by decision if it acquitts the person concerned. (2) If the objection does not take place until after the expiry of the period, it shall be unrespectful. In such a case, however, the decision may be requested, within one week of notification, of the re-establishment of rights under the same conditions as against the failure to meet a time-limit, by which the person concerned shall be the subject of the decision. (3) The Court of First Instance decides whether the person concerned is acquitted, a fine is fixed against him, a secondary order is ordered, or the proceedings are terminated. The court may not derogate from the decision taken in the notice of fines to the detriment of the person concerned. (4) If a fine is fixed, the decision shall indicate the lack of regularity; the fine has a statutory title, it shall be used to describe the lack of regularity. Section 260 (5), first sentence, of the Code of Criminal Procedure shall apply accordingly. The reasoning of the decision contains the facts which have been found to be proven in which the Court of First Instance sees the legal characteristics of the offence of regularity. As far as proof of other facts is concluded, these facts are also to be stated. In addition, the circumstances which determine the imposition of the fine and the order of a secondary order must be indicated. (5) If the person concerned is acquitted, the reasons for the decision must be made as to whether the person concerned is not transferred or whether and not the reasons which have not been deemed to have been found to be in order to ensure that they are not in order. If the decision cannot be challenged by the appeal, it is only necessary to indicate whether the administrative offence to which the person concerned has been subjected to the burden has not been established for reasons of fact or law. (6) Justification may be waited if the parties to the proceedings do not agree to this. In this case, the reference to the content of the fine shall be sufficient; the court may, in the light of the circumstances of the individual case, make additional statements at its discretion. The full reasons shall be brought to the file within five weeks if the decision is brought against the decision. Unofficial table of contents

§ 73 Presence of the person concerned in the main hearing

(1) The person concerned is obliged to appear in the main hearing. (2) The court shall release him at his request from that obligation if he or she has commented on the matter or has declared that he is not responsible for the matter in the main hearing. (3) If the Court of First Instance has released the person concerned from the obligation to obtain personal information, he may, by means of a written request, be informed of the need to authorised defenders. Unofficial table of contents

Section 74 Procedure in the absence of

(1) The main hearing shall be carried out in the absence of the person concerned, if it has not appeared and has been released from the obligation to give personal information. Previous interrogations of the person concerned and his written or logged declarations are to be introduced by the communication of their essential content or by reading into the main hearing. It is sufficient to give the defender the information required pursuant to Section 265 (1) and (2) of the Code of Criminal Procedure. (2) If the person concerned does not have sufficient excuse, even though he has not been relieved of the obligation to appear, he/she shall have no excuse. (3) The person concerned shall be lecturing in the summons on paragraphs 1 and 2 and in § § 73 and 77b (1) sentences 1 and 3. (4) Has the main trial referred to in paragraph 1 or paragraph 2 without the person concerned, he or she may, within one week of notification, Reinstatement in the previous stand under the same conditions as against the failure to comply with a deadline. He shall be held responsible for the delivery of the judgment. Unofficial table of contents

Section 75 Participation of the Public Prosecutor's Office in the Main Negotiation

(1) The Public Prosecutor's Office is not obliged to take part in the main hearing. The Court of First Instance makes the Public Prosecutor's Office notice if it considers its involvement to be appropriate. (2) If the Public Prosecutor's Office does not take part in the main hearing, it shall require its consent to the termination of the proceedings (Section 47 (2)) and the Withdrawal of the opposition in the main hearing not. Unofficial table of contents

Section 76 Participation of the managing authority

(1) The Court shall give the Administrative Authority the opportunity to bring forward the points of view which are relevant to its position in respect of the decision. This shall also apply if the Court of First Instance is considering adjusting the proceedings pursuant to Section 47 (2). The date of the main negotiation shall be notified to the managing authority. (2) The Court of First Instance may desist from taking part in the administrative authority referred to in paragraph 1 if its special instrument is to be defied for the decision. (3) The Court of First Instance shall be responsible for the decision to take part in the main hearing. The Public Prosecutor's Office to withdraw the action shall be deemed to apply in accordance with Section 63 (3). (4) The judgment and other decisions concluding the proceedings shall be communicated to the Administrative Authority. Unofficial table of contents

Section 77 Scope of the taking of evidence

(1) The Court of First Instance determines the extent of the taking of evidence, without prejudice to the obligation to investigate the truth from its own point of view. It also takes into account the importance of the matter. (2) If the court considers the facts to be resolved according to the previous result of the taking of evidence, it may, except in the cases of § 244 (3) of the Code of Criminal Procedure, also submit a request for proof refuse if:
1.
according to its discretionary discretion, the evidence survey is not required to study the truth, or
2.
after his free assessment, the evidence or the fact to be evidenced shall be brought so late, without any reason, that the evidence of evidence would lead to the suspension of the main trial.
(3) The reasoning for the rejection of an application for proof pursuant to paragraph 2 (1) may, as a rule, be limited in the decision of the court (Section 244 (6) of the Code of Criminal Procedure) to the fact that the evidence of evidence to investigate the truth is not required. is. Unofficial table of contents

Section 77a Simplified form of taking of evidence

(1) The hearing of a witness, expert or co-victim may be replaced by a reading of transcripts of a previous hearing and of documents containing a written statement of their origin. (2) Statements shall also be read by the authorities and other bodies concerning their duties, investigations and findings as well as on those of their relatives, even if the conditions of § 256 of the Code of Criminal Procedure do not apply (3) The Court of First Instance may also declare an official declaration (paragraph 2) by telephone , and announce their main content in the main negotiation. The content of the announced declaration shall be included in the minutes on request. (4) The procedure provided for in paragraphs 1 to 3 shall be subject to the consent of the person concerned, the defender and the public prosecutor's office, insofar as they are in the main proceedings are present. § 251 (1) (2) and (3), (2) (1) and (2), (3) and (4), as well as § § 252 and 253 of the Code of Criminal Procedure shall remain unaffected. Unofficial table of contents

Section 77b Disregard of judgments

(1) A written justification of the judgment may be waited if all persons entitled to challenge have waive the appeal of the appeal or if, within the period, the appeal is not filed. If the Public Prosecutor's Office did not take part in the main hearing, its declaration of renunciation is not necessary; however, a written justification of the judgment is required if the Public Prosecutor's Office has requested this before the main hearing. The declaration of renunciation of the person concerned is not necessary if he has been released from the obligation to appear in the main trial, has been represented by a defender in the course of the main trial and, in the judgment, only one (2) The reasons for the judgment must be brought to the file within the time-limit laid down in Article 275 (1), second sentence, of the Code of Criminal Procedure, if the deadline for the failure to meet the deadline for the Legal complaint reinstated in the previous state, in the cases referred to in paragraph 1 Sentence 2 of the first half-sentence shall be lodged by the public prosecutor's office or, in the cases referred to in the third sentence of paragraph 1, by the person concerned in legal proceedings. Unofficial table of contents

Section 78 Other procedural simplifications

(1) Instead of the reading of a document, the Court of First Instance may disclose its essential content, except in so far as the text of the document is of importance. If the person concerned, the defence counsel and the representative of the public prosecutor present in the main hearing have taken note of the text of the document or had the opportunity to do so, it shall be sufficient to establish that the text of the document is to be included in the minutes , Insofar as the reading of documents is dependent on the consent of the parties to the proceedings, this shall also apply to the proceedings under sentences 1 and 2. (2) § 243 (4) of the Code of Criminal Procedure only applies if a discussion has taken place; § 273 (3) In the case of young people, Article 78 (3) of the Law on Juvenile Justice applies accordingly. (4) A fine is fixed against a young person or adolescent, according to the The Jugendrichter may at the same time have a enforcement order pursuant to section 98 (1). (5) (dropped)

III.
Legal remedies

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Section 79 Legal complaint

(1) The judgment and the decision in accordance with § 72 shall be admissible if:
1.
a fine of more than two hundred and fifty euros has been fixed against the person concerned,
2.
a secondary order has been ordered, unless it is a secondary order of a property of a property whose value has been fixed in the judgment or in the decision in accordance with Article 72 to no more than two hundred and fifty euros,
3.
the person concerned has been acquitted of an administrative offence or the proceedings have been suspended or suspended from the imposition of a driving ban and, in fact, a fine of more than six hundred euros in respect of the act in the case of a fine or a criminal order , a ban on driving or a ban on driving or a ban on driving has been requested by the Public Prosecutor's Office,
4.
the objection has been rejected as inadmissible by judgment, or
5.
by decision pursuant to § 72, although the appellant had contradicted the proceedings in good time or in any other way the hearing was refused by the complainant.
The judgment is also admissible against the judgment if it is admitted (§ 80). (2) If the judgment or the decision in accordance with § 72 is the subject of several acts and the conditions set out in the first sentence of the first sentence of 1 to 3 or the second sentence of the second sentence of the first sentence of paragraph 1 are only in respect of individual acts, the legal proceedings shall be admissible only in so far as this law does not determine otherwise, the provisions of the Code of Criminal Procedure and of the other procedure shall apply to the legal proceedings and to the further proceedings. Judicial Constitutional Law on the revision accordingly. § 342 of the Code of Criminal Procedure shall also apply mutah. to the application for re-establishment of rights in accordance with § 72 (2) sentence 2 sentence 1. (4) The time limit for the filing of the appeal proceedings shall begin with the notification of the decision in accordance with § 72 or the judgment, if it is announced in the absence of the appellant, and the latter has not been represented in accordance with Section 73 (3) by a defender in writing. (5) The Board of Appeal decides by decision. If the appeal against a judgment is addressed, the appeal court may, on the basis of a main hearing, decide by judgment. (6) The Appeal Court of Appeal shall issue the contested decision so that it may, by way of derogation from Section 354 of the In the case of criminal proceedings in the case itself, or they shall refer them back to the local court whose decision is to be annulled or to another local court in the same country. Unofficial table of contents

Section 80 Admission of the legal complaint

(1) The appeal court shall, upon request, apply the appeal pursuant to section 79 (1) sentence 2 if it is necessary to:
1.
to enable the verification of the judgment to be carried out for the further training of the law or to ensure uniform case-law, insofar as paragraph 2 does not specify otherwise, or
2.
the judgment is to be annulled on grounds of failure to hear the hearing.
(2) The appeal is not allowed for the application of legal standards relating to the procedure and, because of the application of other legal standards, only for the further training of the law, if:
1.
a fine of not more than one hundred euro has been fixed against the person concerned, or a succession of property rights has been ordered, the value of which has not been fixed at more than one hundred euro in the judgment, or
2.
the person concerned has been acquitted of an administrative offence or the proceedings have been terminated and, in fact, a fine of not more than one hundred and fifty euros or a fine of no more than one hundred and fifty euros has been fixed in the case of a fine or in the case of the criminal order. has been requested by the Public Prosecutor's Office.
(3) The application for a marketing authorisation shall be subject to the rules on the filing of the appeal. The application shall be deemed to be a legal complaint lodged as a predisposed one. The provisions on the affixing of the appeal requests and their justification (§ § 344, 345 of the Criminal Procedure Code) must be observed. In the explanatory statement of the appeal applications, the applicant shall at the same time indicate the reasons for which the conditions referred to in paragraph 1 are available. § 35a of the Code of Criminal Procedure shall apply accordingly. (4) The Appeal Court shall decide on the application by decision. § § 346 to 348 of the Code of Criminal Procedure shall apply accordingly. The decision to discontinue the application shall not require any justification. If the application is rejected, the appeal shall be deemed to be withdrawn. (5) If, before the decision on the application for authorisation, it appears that there is a procedural obstacle, the appeal court shall only issue the procedure if the The procedural obstacle has arisen following the adoption of the judgment. Unofficial table of contents

§ 80a Occupation of the fines of the Higher Regional Courts

(1) The fines of the Higher Regional Courts are filled with a judge, unless otherwise specified. (2) The fines of the Oberlandesgericht are occupied by three judges, including the Chairman, in proceedings relating to Legal complaints in the cases referred to in § 79 (1) sentence 1 where a fine of more than five thousand euros or a secondary order of assets of more than five thousand euros has been fixed or applied for. Where appropriate, the value of a fine and the value of an asset-law secondary order shall be included. (3) In the cases referred to in paragraph 1, the judge shall transfer the case to the fine of three judges in the occupation, if: is required to verify the judgment or decision in accordance with § 72 on the further training of the law or in order to secure a uniform case-law. This also applies to proceedings concerning an approved legal complaint, but not to procedures for the authorisation of such a legal complaint.

Sixth Section
Fines and criminal proceedings

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Section 81 Transition from the fine to the criminal proceedings

(1) The Court of First Instance is not bound by the fine procedure for the assessment of the act as an administrative offence. However, it may only be decided on the basis of a criminal law if the person concerned has previously been informed of the change in the legal point of view and has been given the opportunity to defend it. (2) The person concerned shall be informed of the change of the legal point of view at the request of the public prosecutor's office or of its own motion. With this notice, he shall receive the legal status of the accused. The trial shall be suspended if the court considers it necessary or if the defendant requests it. The defendant shall be informed of his right to apply for the interruption. (3) In the further proceedings, the special provisions of this law shall no longer be applicable. However, the previous record of evidence which has taken place in the presence of the person concerned may also be used if it has been carried out in accordance with these provisions, but this does not apply to the taking of evidence in accordance with § § 77a and 78. Paragraph 1. Unofficial table of contents

Section 82 Penal awareness in criminal proceedings

(1) In criminal proceedings, the Court of First Instance assesses the act referred to in the indictment at the same time from the legal point of view of an administrative offence. (2) The Court of First Instance does not judge the charge of the main hearing only from the legal point of view of an offence. In the further proceedings, the special provisions of this law shall apply. Unofficial table of contents

Section 83 Procedure in the event of administrative offences and offences

(1) If the proceedings are subject to administrative offences and criminal offences and if individual acts are only prosecuted as offences, the proceedings shall also apply to the proceedings in respect of these acts in accordance with Section 46 (3), (4), sentence 2 and (7), § § 47, 49, 55, 76 bis 78, 79 (1) to (3) and § 80. (2) In the cases referred to in paragraph 1 of this Article, if the judgment is lodged against the judgment, in so far as it only concerns administrative offences, legal proceedings and the other appeal, a timely and in the prescribed form shall be: Legal complaint, as long as the appeal is not withdrawn or is rejected as inadmissible, as Appointment treated. The applications for appeal and their reasons must nevertheless be applied in the prescribed form and must be submitted to the opponent (§ § 344 to 347 of the Code of Criminal Procedure); however, an admission according to § 79 (1) sentence 2 does not require. The appeal court is admissible pursuant to § 79 (1) and (2) and § 80 (3) to the appeal court. (3) In so far as it only affects administrative offences, the appeal court can decide on the matter itself.

Seventh Section
Legal force and resumption of proceedings

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Section 84 Impact of the legal force

(1) If the letter of fines has become legally binding or if the court has ruled on the act as an offence of an offence or as a criminal offence, the same act cannot be prosecuted as an offence. (2) The final judgment The offence is also contrary to its persecution as an offence. The judgment in accordance with Section 72 and the decision of the Board of Appeal shall be the same as the offence of regularity in the final judgment. Unofficial table of contents

Section 85 Resumation of the procedure

(1) § § 359 to 373a of the Code of Criminal Procedure shall apply mutatily to the resumption of proceedings concluded by a final decision of a fine, unless the following provisions determine otherwise. (2) The resumption of the Proceedings in favour of the person concerned, who are based on new facts or evidence (Section 359 No. 5 of the Code of Criminal Procedure), shall not be allowed if:
1.
only a fine of up to two hundred and fifty euros has been fixed against the person concerned; or
2.
since the legal force of the fine, three years have elapsed.
Sentence 1 (1) shall apply mutagenously if a secondary order of property is ordered, the value of which does not exceed two hundred and fifty euros. (3) The resumption of proceedings in favour of the person concerned shall be subject to the conditions laid down in § 362 of the Criminal procedure is only allowed for the purpose of bringing about the conviction under a criminal law. To this end, it is also admissible if new facts or evidence are provided which are appropriate, either alone or in conjunction with the evidence previously collected, to justify the conviction of the person concerned for a crime. (4) In the The court in charge of the decision to retake the decision on the fine will decide on the decision to take the fine. If such a retrial is requested by the person concerned, or if the managing authority is aware of circumstances which allow a retrial, it shall send the files of the Public Prosecutor's Office. Section 69 (4) sentence 1 shall apply accordingly. Unofficial table of contents

Section 86 Waiver of the fine in criminal proceedings

(1) If a statement of fine is issued against the person concerned and if he is subsequently convicted of the same act in criminal proceedings, the letter of fine shall be annulled in so far as the person concerned is subject to a criminal procedure. The same shall apply if there is no conviction in the criminal proceedings, but the findings which the court makes in the final decision are contrary to the fine. (2) Amount of money which is due to the repeal of the In the first place, the financial penalty shall be credited to a recognized financial penalty, then to the ordered minor consequences, which commit to a monetary payment, and, most recently, to the cost of the criminal proceedings. (3) Decisions taken pursuant to paragraphs 1 and 2 shall be taken in the judgment or in the other final Decision taken.

Eighth section
Procedures for the arrangement of side-effects or the fixing of a fine against a legal person or association of persons

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Section 87 Order of confiscation and decay

(1) Where the administrative authority has to decide on the confiscation of an item, it shall also be responsible for the arrangement of the procedural participation, the advising of a lawyer or any other person acting as a defender. and the decision on compensation (§ § 431, 434 para. 2, § 436 para. 3 of the Code of Criminal Procedure); § 60 sentence 2 applies accordingly. (2) From the remission of the fine of fine, the confiseration party has, as far as the law is concerned, the nothing else determines the powers to be given to a person concerned. He will be served with the letter of fine, in which the confiscation is ordered. At the same time it is pointed out that the confiscation is also decided upon by him. (3) In the self-employed procedure, the confiscation is ordered in an independent confiscation; § 66 (1), (2) (1) (a) and (3) applies. accordingly. The notice of confisation shall be the same as a fine. The administrative authority, which would be responsible for the prosecution of a particular person, is responsible for the administrative authority in whose district the subject-matter has been seized. (4) The post-procedure (§ 439 of the The administrative authority which has ordered the confiscation order shall be required to apply for a penalty payment. The decision shall be taken by the competent court in accordance with Section 68. The Administrative Authority shall send the files of the Public Prosecutor's Office to the Court of First Instance. § 69 (4) Sentence 1 shall apply. (5) The decision of the Court of First Instance on the confiscation of an item whose value is not two hundred and fifty euros (6) The first and second sentences of paragraphs 1, 2 and the first sentence of paragraph 3 of the first and third sentences of paragraph 1 and paragraph 5 shall apply in accordance with the procedure for the arrangement of the decay. Unofficial table of contents

Section 88 fixing the fine for legal persons and associations of persons

(1) Where the administrative authority has to decide on the fixing of a fine against a legal person or an association of persons in the fine-fine procedure (Section 30), it shall also be responsible for the arrangement of the procedural participation and the advising of an association of persons. Lawyers or any other person who may be appointed as a defender (Section 444 (1), section 434 (2) of the Code of Criminal Procedure); § 60 sentence 2 shall apply mutatis. (2) In the case of self-employed proceedings, the administrative authority shall set the fine in a self-confisable letter of fines. The managing authority responsible for the prosecution of a particular person is responsible for the administrative authority, where the administrative authority in whose district the legal person or group of persons is situated or a person in the district is responsible for the administrative procedure. Branch (3) § 87 (2) sentence 1 and 2 as well as (5) shall apply accordingly.

Ninth Section
Enforcement of fines

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Section 89 enforceability of the fines decisions

Fines shall be enforceable if they have become legally binding. Unofficial table of contents

Section 90 Enforcement of the fine

(1) The letter of fines shall, in so far as the law does not determine otherwise, be in accordance with the provisions of the Administrative Enforcement Act of 27 April 1953 (BGBl. 157) shall be enforced in the version in force when an administrative authority of the Federal Government has issued the notice of fine, otherwise according to the relevant provisions of the national law. (2) The fines shall flow unless otherwise provided by the law. , in the Bundeskasse, if an administrative authority of the Federal Government has issued the notice of fine, otherwise it will be sent to the Landeskasse. (3) Where the confiscation or the unenforceability of a case has been ordered, the order shall be enforced by the fact that the matter is subject to the person concerned or to the person concerned by the person concerned. Confisers are taken away. If the case is not found in the case of such persons, they shall, at the request of the managing authority, give an affidavit to the local court to give an affidavit of the whereabout of the case. Article 883 (2) and (3) of the Code of Civil Procedure shall apply. (4) Paragraph 1 shall apply mutatily to the enforcement of a order of order established by the managing authority. Unofficial table of contents

Section 91 Enforcement of the ruling of the Court of Fines

§ 451 (1) and (2), § § 459 and 459g (1) and (2) in conjunction with § 459 of the Code of Criminal Procedure, in proceedings against young people and adolescents § 82 (1), § 83 (2), shall apply to the enforcement of the court order for a fine. as well as § § 84 and 85 (5) of the Juvenile Juvenile Law. Unofficial table of contents

Section 92 Enforcement authority

The executing authority within the meaning of the following provisions of this section is, in the cases of § 90, the administrative authority which has issued the notice of fine, otherwise the body which is responsible for the enforcement pursuant to § 91. Unofficial table of contents

Section 93 Payment facilities

(1) According to the legal force of the fine decision, the enforcement authority decides on the granting of payment facilities (§ 18). (2) The executing authority may decide on the payment facilitation referred to in paragraph 1 or in accordance with § 18 subsequently change or repeal. In this case, it may deviate from a previous decision to the detriment of the person concerned only on the basis of new facts or evidence. (3) For decisions on payment facilitation, § 66 (2) no. 2 and 3 shall apply mutagenally. The decision also extends to the costs of the proceedings; it may also be taken solely with regard to the costs. (4) In the event of the disbursement pursuant to § 18 sentence 2 of the decision to pay the fine in certain partial amounts, this shall be taken into account in the Records are noted. The enforcement authority may again grant the person concerned a payment facilitation. Unofficial table of contents

Section 94 Invoice of partial amounts

If the person concerned does not make any provision in the payment, the partial amounts are first of all to the fine, then to the secondary consequences, which are arranged, for example, which commit to a cash payment, and, most recently, to the costs of the procedure. Unofficial table of contents

Section 95 Expulsion of the fine

(1) The fine or the partial amount of a fine shall be recovered only before the expiry of two weeks after the occurrence of the due date if, on the basis of certain facts, it can be seen that the person concerned wishes to withdraw from the payment. (2) if the person concerned is unable to pay for the foreseeable future in accordance with his economic circumstances, the executing authority may order that the person concerned be subject to the execution of the payment. Unofficial table of contents

Section 96 Order of Forced Detention

(1) After the expiry of the period laid down in § 95 (1), the court may, on application by the executing authority or, if it itself is enforceable, order an office of its own for the purpose of enforceable law if:
1.
the fine or the specific amount of a fine is not paid;
2.
the person concerned has not failed to pay for his/her insolvency (Section 66 (2) (2) (b)),
3.
in accordance with Section 66 (2) No. 3; and
4.
are not aware of any circumstances which result in their insolvency.
(2) In the event that, in accordance with his economic circumstances, the person concerned is not liable to pay immediately the amount of the fine to be paid, the court shall grant a payment facilitation or leave the decision on the Enforcement authority. (3) The duration of the enforcing detention for a fine may not exceed six weeks, due to several fines imposed in a fine decision, three months. It shall, even in the light of the amount of the fine to be paid, be calculated on the basis of days and may not be renewed retrospectily, but shall be reduced. Because of the same amount, it is not allowed to repeat the enforcement detention.

Footnote

§ 96: compatible with the GG, BVerfGE v. 9.11.1976 I 3616-2 BvL 1/76- Unofficial table of contents

Section 97 Enforcement of the Enforcement

(1) § 451 (1) and (2) of the Code of Criminal Procedure, in proceedings against young people and adolescents, are also applicable to § 82 (1), section 83 (2) and § § 84 and 85 (5) of the Juvenile Justice Act. (2) The person concerned may, at any time, waver the enforcement of the enforcement order by paying the amount of the fine to be paid. (3) The person concerned shall, in accordance with the order of compassion, assert that he/she shall have the right to pay the sum of the fine. If the amount of the fine to be paid is not to be paid immediately, the amount of the fine shall be paid immediately. By doing so, the order of the order is not inhibited. The court may, however, suspend the enforcement. Unofficial table of contents

Section 98 Enforcement against young people and adolescents

(1) If the fine imposed on a young person is not paid even after the expiry of the period specified in Article 95 (1), the judge may, at the request of the executing authority or, if he himself is responsible for the enforcement of the fine, be of his own motion. impose on the young person, in place of the fine,
1.
to provide work,
2.
to make the most of the damage caused by the action,
3.
to take part in a traffic accident in the event of a breach of traffic rules,
4.
otherwise to perform a certain performance,
if the authorisation of a payment facilitation, the recovery of the fine or the arrangement of the detention is not possible or appears appropriate. The Jugendrichter can meet the orders after the sentence 1 side by side and subsequently change it. (2) If the youth of an order in accordance with paragraph 1 is culpably not after and does not pay the fine either, then Jugendarrest (§ 16 Juvenile justice Act) will be imposed on him if he has been appropriately lectled. This shall not exceed one week in the case of a fine for a fine. Before the Jugendarrest is imposed, the young person must be given an oral statement before the judge. (3) Due to the same amount, Jugendarrest may not be ordered repeatedly. The judge shall look at the execution of the Jugendarrestes, if the young person comes after the imposition of the instruction or pays the fine. (4) paragraphs 1 to 3 shall also apply to the execution of the fine imposed on an increase in the amount of the fine. Unofficial table of contents

Section 99 Enforcement of side-effects requiring payment of a cash payment

(1) § § 93 and 95 apply for the execution of minor consequences which require payment of a cash payment. § § 94, 96 and 97 apply also for the execution of the fine against a legal person or an association of persons. (2) If the expiration of a sum of money (§ 29a) has been legally ordered, the person concerned or the person concerned by the person concerned shall make a final decision in which he/she is a final adult in the case of the act threatened with a fine. The executing authority shall order that the order of the In so far as this is no longer carried out. If the amount of money declared to be forfeit has already been paid or recovered and the payment has been proved to the injured person on the basis of the final decision, the executing authority shall assign the refund to the person responsible for the payment of the sum of the sum of the amount of the money to be paid. Affected or the expiration party. Unofficial table of contents

§ 100 Adoration decisions on confiscation

(1) The waiver of the reservation of confiscation and the subsequent arrangement of the confiscation of an object or of the value of the value (§ 24 para. 2 sentence 3, § 25 para. 4) decides.
1.
the managing authority, which has adopted the fine,
2.
in the case of a court decision, the Court of First Instance.
(2) In the cases referred to in paragraph 1, point 1, against the subsequent order of confiscation, the application for a court decision pursuant to section 62 shall be admissible within two weeks of the date of notification of the decision. An immediate appeal against the decision of the Court of First Instance is admissible if the value of the appeal exceeds two hundred and fifty euros. Unofficial table of contents

Section 101 Enforcement in the remission

A fine shall not be enforced in the remission of the person concerned. Unofficial table of contents

Section 102 Adorable criminal procedure

(1) If the public action is brought under the legal force of the fine for the same act, the executing authority shall suspend the execution of the fine in that respect. (2) The decisions pursuant to Article 86 (1) and (2) shall be subject to the If criminal proceedings are not carried out, they shall be subsequently taken by the court. Unofficial table of contents

Section 103 Judicial decision

(1) Over objections to
1.
the admissibility of enforcement,
2.
the orders made by the executing authority in accordance with sections 93, 99 (2) and 102 (1),
3.
the measures otherwise taken in the execution of a fine
the court shall decide. (2) Enforcement in accordance with paragraph 1 shall not be used to discontinue the enforcement of the rules. The court may, however, suspend enforcement. Unofficial table of contents

Section 104 Procedure in the case of a court decision

(1) The judicial decisions which are necessary in the case of enforcement shall be adopted
1.
by the court competent in accordance with section 68, if a fine is to be executed,
2.
by the court of the first legal proceedings if a court fine decision is to be completed,
3.
the Jugendrichter, who is responsible for the execution of a court decision, unless a decision is to be taken pursuant to Article 100 (1) (2) of the Treaty,
4.
by the court of the first legal proceedings in the criminal proceedings if a decision is to be taken in accordance with Section 102 (2).
(2) The decision shall be taken without oral proceedings. Prior to the decision, the parties concerned shall be given the opportunity to submit and justify applications. (3) The immediate appeal shall be admissible against the
1.
Arrangement of the Custody and the imposition of the Jugendarrestes,
2.
subsequent decision on confiscation (Section 100 (1) (2)),
3.
Court decision in the cases of Section 103 (1) (2) in conjunction with Section 99 (2);
however, in the cases referred to in points 2 and 3, this shall apply only if the value of the appeal exceeds two hundred and fifty euros. In the other cases, the decision shall not be countervailable.

Tenth section
Cost

I.
Procedures of the managing authority

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Section 105 Codecision

(1) In the administrative authority proceedings, § 464 (1) and (2), § 464a, § 464c, insofar as the costs for sign language interpreters are concerned, § § 464d, 465, 466, 467a (1) and (2), § 469 (1) and (2), as well as § § 470, 472b and 473 (7) of the § 74 of the Law on Juvenile Justice. (2) The necessary outlays in connection with Section 465 (2), § 467a (1) and (2) as well as § § 470 and 472b of the Law on Juvenile Law (2). Criminal procedure shall be carried out by the State Treasury, unless otherwise specified by the law, the Federal funds are imposed when a federal administrative authority carries out the procedure, otherwise the Landeskasse. Unofficial table of contents

Section 106 Cost-fixing

(1) The amount of the costs and expenses incurred by one party to another shall be fixed at the request of the managing authority. Upon request, it is to be stated that the fixed costs and expenses are to be galvanissed from the affixing of the application for the arrest to the second sentence of § 104 (1) sentence 2 of the Code of Civil Procedure. The request for a decision shall be accompanied by a calculation of the costs incurred by the applicant, a copy intended for the notification to the other party, and the supporting documents for the justification of the individual approaches. In order to take account of an approach, it is sufficient for it to be credible. In the case of expenses for postal and telecommunications services, which are adult to a lawyer, the attorney's insurance is sufficient to ensure that the expenses have been incurred. (2) For the enforcement of the costs of the notice of costs, the provisions of the Code of Civil Procedure relating to the enforcement of cost-fixing decisions shall apply in accordance with the provisions of the Rules of Procedure. Enforcement shall not be allowed until the notice of cost determination has become unquestionable. The enforceable copy shall be issued by the official of the office of the court having jurisdiction in accordance with section 68. Unofficial table of contents

Section 107 Fees and charges

(1) In the administrative authority proceedings, the fee shall be determined on the basis of the fine fixed against the person concerned in the fine. Where a fine is fixed in accordance with Article 30 against a legal person or association of persons, a fee shall be levied by the legal person or the association of persons, which shall be subject to the fine imposed on it. In the case of a fine, five of the sum of the fine imposed, but not less than EUR 25 and not more than EUR 7 500, shall be charged for the fixing of a fine. (2) In the case of Section 25a of the Road Traffic Act, the managing authority shall have a final decision taken, the fee is 20 euros. (3) Deposits are collected
1.
Fees for telegrams;
2.
for each delivery with a certificate of delivery, a cover letter or a lump sum of 3.50 euro by the managing authority;
3.
(dropped)
4.
Claims for public notices; deposits shall not be levied for the publication in an electronic information and communication system where the remuneration is not calculated on a case-by-case basis or not for a single procedure;
5.
amounts to be paid in accordance with the Justice and Compensation Act, even if, for reasons of reciprocity, administrative simplification or for comparable reasons, no payments are to be made; is due to § 1 (2) Sentence 2 of the Justice and Compensation Act shall not be paid, the amount which would be payable without this provision; if the deposits are caused by various cases, they shall be applied to the individual cases. Legal cases adequately distributed; interpreters for translators who are responsible for the performance of the rights Persons who are blind or visually impaired (§ 191a (1) of the Law Constitutional Law) are not to be used for sign language interpreters only in accordance with § § 464c, 467a (1) sentence 2 in conjunction with § 467 para. 2 sentence 1 of the Code of Criminal Procedure;
6.
in the case of transactions outside the office of
a)
the remuneration granted to the staff of the managing authority on the basis of statutory provisions (travel expenses, utilization rate);
b)
the outlays for the provision of rooms,
c)
for the use of service vehicles for every kilometre driven, of EUR 0.30;
where the costs are caused by various cases, they shall be distributed appropriately on the individual cases;
7.
amounts to be paid to lawyers;
8.
equipment for the transport of persons;
9.
amounts paid to persons who are not mediated for the journey to the place of a trial, interrogation or investigation and for the return journey, up to the amount of the amounts payable to witnesses under the Law on the compensation of witnesses and the compensation of witnesses;
10.
amounts to be paid to third parties for
a)
the carriage of animals and goods, with the exception of the fees payable for postal services, the safekeeping of animals and goods and the feeding of animals;
b)
the search or examination of rooms and property, including the measures preparatory to search or investigation;
c)
the guarding of ships and aircraft;
11.
the costs of a compulsive detention;
12.
amounts to be paid under the International Costing Act in the framework of mutual assistance;
13.
Fees to be paid to German authorities for the performance of their own tasks and amounts which those authorities, public bodies or their servants are to pay as a substitute for expenses of the kind referred to in points 1 to 11 , even if, for reasons of reciprocity, administrative simplification or for similar reasons, no payments are to be made; the costs are limited by the maximum rates for the designated deposits;
14.
Amounts awarded to foreign authorities, institutions or persons abroad and to the cost of the exchange of official and legal assistance with foreign countries, even if, for reasons of reciprocity, administrative simplification or comparable reasons are not to be paid.
(4) If an administrative authority of the Federal Government has issued the notice of fine, it shall be deemed to be responsible for the suppression of costs in the event of incorrect treatment as well as the suppression, remission, limitation and reimbursement of costs § 14 (2) as well as § § § § § § § § § § § § § § § § § § § § § § § § § § § § 19 to 21 of the Administrative Costing Act of 23 June 1970 (BGBl. 821) to be applied in the version valid until 14 August 2013, otherwise the relevant national regulations. (5) From the person requesting the dispatch of files, the programme will be carried out, including the return shipment. levied by the authorities in a lump sum of 12 euro. If the file is carried out electronically and if the file is transmitted electronically, the flat rate is 5 euros. Unofficial table of contents

Section 108 Legal aid and enforcement

(1) The administrative authority shall be subject to the procedure of
1.
a self-employed cost statement,
2.
Notice of costs (§ 106) and
3.
Approach of fees and charges
the request for a court decision pursuant to section 62 shall be admissible. In the cases referred to in points 1 and 2, the application shall be submitted within two weeks of notification of the decision; the decision of the Court of First Instance shall be admissible in the cases referred to in paragraph 2 immediately if the value of the (2) § § 89 and 90 (1) shall apply to the execution of the costs of the fine-fine procedure.

II.
Proceedings of the Public Prosecutor

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Section 108a

(1) If the Public Prosecutor's Office, in accordance with opposition to the fine, submits the proceedings before it submits the files to the General Court, it shall take the decisions pursuant to Section 467a (1) and (2) of the Code of Criminal Procedure. (2) Prosecution may be requested within two weeks of notification of a court decision; § 50 para. 2 as well as § § 52 and 62 (2) apply accordingly. (3) The decision on the application for a decision (§ 464b sentence 1 of the German Federal Ministry of Public Affairs) The Office of the Public Prosecutor's Office shall be responsible for criminal proceedings). The competent court in accordance with § 68 decides on the memory of the decision of the original customer of the office of the office of the official.

III.
Procedure on the admissibility of the opposition

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§ 109

(1) If the decision of the managing authority is to be taken into account
1.
the opposition (Section 69 (1)), or
2.
of the application for re-establishment of rights in respect of the delay in the opposition
in accordance with § 62, the final decision pursuant to § 464 (1) and (2) of the Code of Criminal Procedure shall also apply to the costs and expenses of this procedure. (2) If the objection of the person concerned is rejected against the fine of fines (§ § 70, 74 (2)), it shall also bear the costs of the judicial proceedings.

IV.
Expositions of the person concerned

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Section 109a

(1) If only a fine of up to ten euros has been fixed against the person concerned in a statement of fines for an act, the fees and levies of a lawyer shall be subject to the necessary expositions only (Section 464a (2) of the (2) In so far as the person concerned has been subject to expositions, which he/she has been subject to by means of a legal proceedings, the criminal procedure shall be subject to the law of the person concerned. If the circumstances could have been avoided, it could not be possible to do so, of the State Treasury.

Eleventh Section
Compensation for persecutions

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§ 110

(1) The decision on the obligation to pay compensation for an asset damage caused by a prosecution measure in the fine (Section 8 of the law on compensation for law enforcement measures) shall be taken by the Administrative authority, if it has completed the fine procedure, in an independent communication. (2) The decision is admissible within two weeks after the notification of the application for a court decision in accordance with § 62. An immediate appeal is admissible against the court's decision. (3) In the cases referred to in paragraph 1, the administrative authority decides on the right to compensation (§ 10 of the law on compensation for law enforcement measures). (4) (§ 15 of the law on compensation for law enforcement measures) in the cases referred to in paragraph 1, unless the law determines otherwise, the federal government, if an administrative authority of the federal government carries out the proceedings, otherwise the Country.

Twelfth section
Electronic documents and electronic records

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§ 110a Creation and submission of form-bound and other electronic documents to authorities and courts

(1) Declarations, requests or justifications to the Authority or the General Court which are to be drawn up or signed in writing under this Act may be submitted as an electronic document if the latter is accompanied by a document. qualified electronic signature according to the Signature Act and is suitable for processing by the Authority or the Court. The legal regulation referred to in paragraph 2 may, in addition to the qualified electronic signature, also permit a different safe procedure, which ensures the authenticity and integrity of the electronic document transmitted. An electronic document shall be received as soon as the institution of the Authority or the Court of First Instance designated for the reception has recorded it. If a transmitted electronic document is not suitable for processing, the sender must be notified without delay, stating the current technical framework conditions. To the extent that the electronic file management according to § 110b is not permitted, the electronic document shall immediately be subject to a file printout. (2) The Federal Government and the national governments shall determine their area by means of a legal regulation. the date from which electronic documents may be submitted to the authorities and courts, and the appropriate form for the processing of documents. The Federal Government and the State Governments can transfer the authorization to the competent federal or state ministries by means of a legal regulation. The authorisation of the electronic form may be restricted to individual authorities, courts or proceedings. (3) Authorities within the meaning of this Section shall be the public prosecutors and administrative authorities, including enforcement authorities, and the Authorities of the police service in so far as these tasks are carried out in the case of the fine. Unofficial table of contents

§ 110b Electronic briefing

(1) The acts of proceedings may be carried out electronically. The Federal Government and the State Governments determine in their area by means of legal regulation the date from which the files can be conducted electronically or can be conducted in the official procedure, as well as the applicable law. the organizational and technical framework conditions for the formation, management and storage of the electronically controlled files. The Federal Government and the State Governments can transfer the authorization to the competent federal or state ministries by means of a legal regulation. The authorisation of the electronic records may be restricted to individual authorities, courts or proceedings. (2) The documents submitted to the electronically-kept files and suitable for the purpose of transmitting them shall be documents and items of the eye-sight. (original documents) shall be transferred to an electronic document for the purpose of replacing the original document, provided that nothing else is determined by the regulation referred to in paragraph 1. The electronic document shall contain the words, when and by whom the original document has been transmitted. The original documents shall be kept until the procedure is completed in such a way that they can be submitted on request within one week. (3) Electronic documents produced in accordance with paragraph 2 shall be based on the procedure used in the procedure. if there is no reason to doubt the conformity with the original document. (4) In addition to the words referred to in the second sentence of paragraph 2, the electronic document produced in accordance with paragraph 2 shall include one with a qualified electronic signature in accordance with the signature law,
1.
that the reproduction on the screen corresponds to the original in terms of content and images, and
2.
whether the original copy has been in the form of an original or a transcript,
the original document may already be destroyed before the end of the procedure. This does not apply to documents which are to be held in custody or are to be secured in a different manner, which are of significance as evidence or are subject to confiscation or decay (§ § 22 to 29a, 46 of this law in conjunction with § § 94, 111b) until 111n of the Code of Criminal Procedure). Procedural declarations of the person concerned and of third parties as well as simple copies attached to them may be destroyed under the conditions set out in sentence 1. The legal regulation referred to in paragraph 1 may, by way of derogation from the provisions of sentences 1 and 3, determine that the original documents must be kept in place. Unofficial table of contents

§ 110c Creation of electronic documents by public authorities and courts and service to the public prosecutor's office

(1) Official or judicial documents to be signed by hand in accordance with this Act may be drawn up as an electronic document if the responsible persons at the end of the document add their name and the document with a qualified electronic signature according to the signature law. The first sentence shall also apply to fine fines, other decisions and decisions taken outside a negotiation. If an electronic document to be signed is manufactured in an automated manner, it is to be signed instead of the accompanying service. A judgment is brought to the files if it is stored on the particular data carrier. (2) Delivery to the Public Prosecutor's Office in accordance with § 41 of the Code of Criminal Procedure can also be effected by the transmission of the electronically controlled file. Unofficial table of contents

§ 110d File-expression, access to files and file transfer

(1) An electronic document may be used to produce a document printout. Section 298 (2) of the Code of Civil Procedure shall apply accordingly. Existing endorsements in accordance with § 110b (2) sentence 2 and (4) sentence 1 shall be reproduced. In accordance with Section 275 (4) of the Code of Criminal Procedure on the basis of a file expression and in the case of a judgment given in paper form in accordance with § 169 (3) sentence 2, copies and excerpts can be made in the form of an electronic document. and paragraph 4 of the Code of Civil Procedure shall be produced as an electronic document or by telecopia. (2) Access to the file may be granted by the transmission of electronic documents, their reproduction on a screen or by the grant of a document. File print. For the transmission, the whole of the documents shall be provided with a qualified electronic signature in accordance with the Signature Act and shall be protected against unauthorised disclosure. After the investigation has been completed, the defender may also be granted access to the file by means of the automated retrieval of the electronically controlled file; the second sentence of the second sentence shall not be applied. Section 488 (3) sentences 1 to 4 of the Code of Criminal Procedure shall apply with the proviso that the time, the retrieved data and the identification of the retrieving location must be logged each time the file is called up and that it is logged in a file number of the (3) The submission of the file between the bodies responsible for the proceedings shall be effected by the transmission of electronic documents or documents. § 110b (3) and for the storage of electronic documents § 110b (2) sentence 3 shall apply mutatily to the file documents. Unofficial table of contents

§ 110e Implementation of the taking of evidence

(1) In so far as an electronic document has been reproduced or produced in place of such a document, it shall be treated as a document in respect of the taking of evidence. A person responsible for a note pursuant to § 110b (2) sentence 2 or (4) sentence 1 is not required. (2) The court decides, at the discretion of the court, to determine whether it is necessary for the taking of evidence to be carried out in addition to the The electronic document shall be accompanied by an electronic document. If the file is sent in accordance with the first sentence of § 110d (3) sentence 1, the first sentence shall be deemed to be the same as the first sentence.

Part Three
Individual Administrative Offences

First section
Violations of State orders

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§ 111 Wrong name

(1) An administrative offence is to which a competent authority, a competent official or a competent soldier of the Bundeswehr, is acting on his name, family or birth name, the place or day of his birth, his family status, his profession, (2) The offender, who is negligent, does not recognize that the authority, the office-holder or the soldier is responsible. (3) The administrative offence may, if the act does not comply with other provisions may, in the cases referred to in paragraph 1, be punishable by a fine of up to one thousand euros, in the cases referred to in paragraph 2, with a fine of up to five hundred euros. Unofficial table of contents

Section 112 Violation of the house rules of a legislative body

(1) A breach of orders is contrary to orders which a legislative body of the Federation or of a country or its President is in breach of the subject of the building of the legislative body or of the relevant land or of the refusal or refusal of the (2) The administrative offence may be punishable by a fine of up to five thousand euros. (3) The provisions of paragraphs 1 and 2 shall apply in the case of orders issued by the The legislative body of the Federation or its President shall not be responsible for the members of the Bundestag and the members of the Federal Council and of the Federal Government, as well as their representatives, in the case of orders of a legislative body of a country or of its President, neither for the members of the legislative bodies of that country nor for the members of the Land Government and their representatives. Unofficial table of contents

Section 113 Unauthorised collection

(1) An administrative offence is the person who joins a public collection or who does not remove himself from it, even though a institution of sovereign powers has legitimately requested the quantity to be dealt with three times. (2) The offence is also contrary to the law. (3) The offence may, in the cases referred to in paragraph 1, be subject to a fine of up to one thousand euros, in the cases referred to in paragraph 2, with a fine of up to five hundred euros. can be punished. Unofficial table of contents

Section 114 Entry into military installations

(1) An administrative offence is the person who, intentionally or negligently, enters into a military facility or facility or a location against a prohibition of the competent service which, for security reasons, is responsible for the performance of the duties of the competent service. The Bundeswehr is blocked. (2) The administrative offence can be punished with a fine. Unofficial table of contents

Section 115 Transport with prisoners

(1) A breach of the law shall be carried out.
1.
to the prisoner or to transmit or transmit to a prisoner any item or message; or
2.
With a prisoner within a prison, the prisoner shall communicate from the outside by means of words or signs.
(2) Prisoner is a prisoner who is in official custody on the basis of a criminal decision or as a provisionally arrested person. (3) The administrative offence and the attempt to have an administrative offence can be punished with a fine.

Second section
Breaches of public policy

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Section 116 Public Invitation to Administrative Offences

(1) Contrary to the law, anyone who publicly, in an assembly or by propagating documents, sound or image carriers, data stores, images or representations is required to act in an act threatened with fine. (2) The offence of regularity can be punished with a fine. The maximum amount of the fine shall be determined on the basis of the maximum amount of the fine for the act to which it is requested. Unofficial table of contents

Section 117 Illegal noise

(1) The offence is unlawful, who excites without a justified reason or in an inadmissible or possibly avoidable extent noise which is liable to harass the general public or the neighbourhood considerably or to protect the health of a person. (2) The administrative offence can be punished with a fine of up to five thousand euros if the act cannot be punished according to other rules. Unofficial table of contents

Section 118 Harness of the general public

(1) The conduct of a grossly unrelated act which is liable to harass or endanger the general public and to prejudice the public order. (2) The administrative offence may be punishable by a fine, if the action cannot be punished in accordance with other provisions. Unofficial table of contents

Section 119 Grob offensive and harassing acts

(1) The offence is unlawful.
1.
publicly in such a way that it is appropriate to harass others, or
2.
in a grossly offensive manner by spreading fonts, sound or image carriers, images or representations, or by making data storage accessible to the public
(2) It is also the case that the person referred to in paragraph 1 offers the means or objects used for sexual use, and that the right to sexual acts is offered, or that such content is disclosed or declared. (3) Contrary to the law, it shall also be responsible for the presentation of documents, sound or image media, data storage, illustrations or depictions of sexual content in places, which shall be published in public or otherwise, where this is roughly offensive. (4) The In the cases referred to in paragraph 1 (1), an administrative offence may be punishable by a fine of up to one thousand euros and, in the other cases, with a fine of up to ten thousand euros. Unofficial table of contents

Section 120 Forbidden exercise of prostitution, advertising for prostitution

(1) The offence is unlawful.
1.
a ban on prostitution in certain places at all or at certain times of the day, adopted by means of a regulation of the law, or
2.
by publishing documents, sound or image carriers, data storage, illustrations or representations, which offers an opportunity for sexual acts to be paid, announces, advertises or makes statements of such content; the spread is the result of the Public display, beating, leading or other public access to the public.
(2) The administrative offence can be punished with a fine. Unofficial table of contents

Section 121 Holding dangerous animals

(1) Contrary to the law, those who intentionally or negligently act
1.
a dangerous animal of a wild species or a malignant animal can be freely moved around, or
2.
, as the person responsible for the supervision of such an animal, it shall refrain from taking the necessary precautions to prevent damage from the animal.
(2) The administrative offence can be punished with a fine. Unofficial table of contents

§ 122 Full-Rush

(1) If, intentionally or negligently, an exchange of alcoholic beverages or other intoxing means is put into a frenzy, he or she shall act in an orderly manner if, in this condition, he or she enters into an act which is threatened with a fine, and if he is not against him because of his or her own. (2) The administrative offence may be punished with a fine. The fine may not be higher than the fine which is threatened for the act committed in the exchange. Unofficial table of contents

§ 123 Unfit, Unusable

(1) Items to which an administrative offence relates pursuant to § 119 or § 120 (1) no. 2 may be collected. (2) In the case of the confiscation of writings, sound and image carriers, data storage, illustrations and representations, it may be possible in the cases of § § 119. 119 (1) and (2) and § 120 (1) (2) are to be ordered that:
1.
the confiscation extends to all the pieces, and
2.
the equipment used or intended for manufacture, such as plates, moulds, pressure sets, pressure poles, negatives or matrices, shall be rendered unusable,
where the pieces and the items referred to in paragraph 2 are in the possession of the offender or any other person for which the offender has acted, or are intended for distribution by those persons. Such an arrangement is, however, only taken as far as it is necessary in order to prevent acts which are threatened with a fine pursuant to § 119 (1) or (2) or § 120 (1) No. 2. § 27 (2) applies to the confiscation. § § 27 and 28 apply mutas. (3) In the cases of § 119 (2), paragraphs 1 and 2 apply only to the advertising material and to those used or determined for its production. Devices.

Third Section
Abuse of state or state-protected signs

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§ 124 Use of coats of arms or flags of service

(1) A breach of the law shall be carried out.
1.
the coat of arms of the federal Republic or of a country or of the federal eagle or the corresponding part of a national coat of arms, or
2.
a flag of the federal government or a country
(2) The coats of arms, arms and flags referred to in paragraph 1 shall be the same as those for confusing them. (3) The administrative offence may be punished with a fine. Unofficial table of contents

§ 125 Use of the Red Cross or the Swiss Wappens

(1) The unauthorised use of the symbol of the red cross on a white ground or the name "Red Cross" or the "Geneva Cross". (2) Administrative dismisses also act as to who unauthorised the coat of arms of the Swiss Confederation (3) The landmarks, names and arms referred to in paragraphs 1 and 2 shall be equal to those which are similar to them. (4) Paragraphs 1 and 3 shall apply in accordance with such landmarks or designations which shall be referred to in International law the symbol of the red cross on a white ground or the name "Red Cross" (5) The administrative offence can be punished with a fine. Unofficial table of contents

Section 126 Abuse of professional or professional marks

(1) A breach of the law shall be carried out.
1.
a professional or professional trade mark for an activity in the care of the sick or the welfare state which is officially recognised or approved by the national authorities; or
2.
a professional or professional sign of a religious association which is recognised by a church or other religious society under public law.
(2) The costumes and badges referred to in paragraph 1 shall be the same as those for confusing them. (3) The administrative offence may be punishable by a fine. Unofficial table of contents

§ 127 Manufacture or use of goods which can be used for the falsification of money or documents

(1) Contrary to the law, those who do not have the written permission of the competent authority or of the competent authority or the competent authority,
1.
Plates, moulds, printing sets, printing-sticks, negatives, matrices, computer programs or similar devices which are suitable for the manufacture of
a)
Money, equivalent securities (§ 151 of the Penal Code), official marks, payment cards within the meaning of § 152a (4) of the Criminal Code, cheques, bills of exchange, payment cards with guarantee function within the meaning of § 152b (4) of the German Criminal Code Penal codes or forms for euro cheques or
b)
public documents or certification marks;
2.
Forms for authentic instruments or signs of certification,
3.
paper which is similar to or similar to a type of paper intended for the manufacture of the documents referred to in paragraphs 1 or 2 and which is particularly secure against imitation; or
4.
holograms or other elements intended to protect the objects referred to in point 1 (a) against counterfeiting,
(2) The offender does not recognize that a written permission of the competent authority or of the person concerned is not responsible for a written permission of the competent authority. (2) The perpetrator shall not be able to recognize the person who is responsible for his or her personal data. (3) Paragraph 1 shall also apply to money, securities, tokens, certificates, certificates of authentication, payment cards within the meaning of Section 152a (4) of the Criminal Code, cheques, bills of exchange, payment cards with a guarantee function in the sense of § 152b (4) of the Criminal Code and forms for Eurocheques of a foreign (4) In the cases referred to in paragraph 1, the administrative offence may be punishable by a fine of up to ten thousand euros, in the cases referred to in paragraph 2, with a fine of up to five thousand euros. Unofficial table of contents

§ 128 Production or spread of paper-money-like printed matter or illustrations

(1) The offence is unlawful.
1.
manufactures or distributes printed matter or images suitable for its kind,
a)
in the case of payment transactions with paper money or equivalent securities (Section 151 of the Criminal Code), or
b)
to be used to produce such confisable papers, or
2.
Plates, moulds, printing sets, printing blocks, negatives, matrices, computer programs or similar devices suitable for the manufacture of the printed matter or illustrations referred to in paragraph 1, shall be manufactured, manufactured, or otherwise provides, haggles, stores, leaves another, introduces, or executes.
(2) Paragraph 1 shall also apply to paper money and securities of a foreign currency area. (4) The person responsible for the offence shall also be responsible for the negligence of the perpetrator who does not recognize the suitability for confusion or manufacture within the meaning of paragraph 1 (1). In the cases referred to in paragraph 1, the administrative offence may be punishable by a fine of up to ten thousand euros, in the cases referred to in paragraph 2, with a fine of up to five thousand euros. Unofficial table of contents

Section 129 confiscation

Items to which an administrative offence relates in accordance with § § 124, 126 to 128 may be collected.

Fourth Section
Breach of duty of supervision in companies and companies

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§ 130

(1) If, intentionally or negligently, the holder of a holding or undertaking does not carry out the supervisory measures necessary to prevent, in the holding or undertaking, infringements of obligations which affect the holder, and whose violation is punishable by a penalty or a fine, acts in an orderly way if such an infringement is committed, which would have been prevented or significantly impeded by the proper supervision. The necessary supervisory measures also include the appointment, careful selection and supervision of supervisors. (2) Operations or undertakings within the meaning of paragraph 1 shall also be the public undertaking. (3) The administrative offence may be if the breach of duty is punishable by penalty, punishable by a fine of up to one million euros. § 30 (2) sentence 3 shall apply. If the breach of duty is threatened with a fine, the maximum amount of the fine shall be determined on the basis of the breach of duty after the maximum amount of the fine threatened for the breach of duty. Sentence 3 shall also apply in the event of a breach of duty, which is at the same time punishable by penalty and fine if the maximum amount of the fine threatened for breach of duty exceeds the maximum amount of the fine.

Fifth Section
Common rules

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Section 131

(1) Administrative authority within the meaning of section 36 (1) (1) is
1.
in the event of a breach of order pursuant to Section 112, in the case of violations of orders
a)
of the Bundestag or of its President, the Director of the German Bundestag,
b)
of the Federal Council or of its President, the Director of the Federal Council,
2.
the Federal Office for Infrastructure, Environmental Protection and Services of the Bundeswehr, in the event of a breach of order pursuant to section 114,
3.
in the event of an administrative offence pursuant to section 124, in so far as it is a coat of arms or a flag of service of the federal government, the Federal Ministry of the Interior,
4.
in the event of a breach of order in accordance with § § 127 and 128, as far as it is concerned
a)
securities of the federal government or of its special assets, the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht),
b)
money or paper for the production of money, the Deutsche Bundesbank,
c)
The Federal Ministry of the European Union is responsible for the production or edition of the value-marks.
Sentence 1 (4) (a) and (c) shall also apply in the event of administrative offences relating to corresponding securities or tokens of a foreign currency area. In the cases of sentence 1 (3) and (4) (c), Section 36 (3) shall apply mutagens. (2) In the cases of § § 122 and 130, the administrative offence shall be pursued only upon request or with authorization if the act committed in the exchange or the act of the exchange of rights is subject to the following conditions: (3) For the prosecution of administrative offences in accordance with § § 116, 122 and 130, the procedural rules applicable in the prosecution of the act, to which the has been requested to apply the act committed in exchange or to the breach of duty, or to: If § 130 were to be applied, if the breach of duty threatened with punishment would only be threatened with fine.

Fourth part
Final provisions

Unofficial table of contents

Section 132 Restriction of fundamental rights

The fundamental rights of physical integrity (Article 2 (2) sentence 1 of the Basic Law), the freedom of the person (Article 2 (2) sentence 2 of the Basic Law) and the inviolability of the flat (Article 13 of the Basic Law) shall be subject to the conditions laid down in Article 13 of the Basic Law. of this law. Unofficial table of contents

Section 133 Transitional provisions

(1) The presence of the person concerned in the main trial and the proceedings in his absence shall be governed by the law applicable at the time when the first charge of the person concerned is sent to the main trial. (2) Admissibility and the authorisation of remedies shall be governed by the law applicable at the time when a judgment is declared or a decision is taken by the office of business. (3) The resumption of proceedings shall be governed by the law applicable to the law The date on which an application is received by the Court of First Instance. (4) In the administrative authority proceedings charges and deposits shall be levied in accordance with the law applicable at the time when the notice of fines is issued. (5) For files which are on the 1. § 49c is only available from 1 October 2002. October 2003. Unofficial table of contents

Section 134

(dropped) Unofficial table of contents

§ 135

(Entry into force)