What happens if I do not object to a Swiss penalty order within ten days?

The penalty order becomes a final judgment (Art. 354 para. 3 CrimPC): you stand convicted and owe the fine and costs. The ten days start the day after service; handing the objection to Swiss Post on the last day is enough (Art. 91 para. 2 CrimPC). If you do not collect a registered penalty order, it is deemed served on the seventh day after the delivery attempt where you had to expect it (Art. 85 para. 4 let. a CrimPC). Criminal procedure has no court holidays: the period runs during holidays too (Art. 89 para. 2 CrimPC).

Must I give reasons for objecting to a Swiss penalty order, and where does it go?

No, the accused need not give reasons (Art. 354 para. 2 CrimPC). The objection goes in writing to the authority that issued the order and is named in the notice of appeal: the public prosecutor or, for contraventions, the administrative authority the canton designates (Art. 357 CrimPC). Sign the letter by hand; an ordinary e-mail is not enough (Art. 110 CrimPC). No lawyer is required.

What happens after objecting to a Swiss penalty order?

The authority takes any further evidence, often at an examination. If, despite a summons, you stay away without excuse from an examination, or from the court hearing without being represented, the objection counts as withdrawn (Art. 355 para. 2, Art. 356 para. 4 CrimPC). The authority then upholds the order — and the court of first instance decides — drops the case, issues a new order or indicts (Art. 355 para. 3 CrimPC). You may withdraw the objection until the end of the parties' pleadings (Art. 356 para. 3 CrimPC). If convicted, you bear the costs (Art. 426 CrimPC).

Does an objection to a Swiss penalty order also cover a driving licence withdrawal?

Not directly. After a traffic offence that cannot be dealt with by a fixed fine, a cantonal administrative authority, usually that of your canton of residence, withdraws the driving licence or issues a warning in separate proceedings (Art. 16 para. 2, Art. 22 para. 1 RTA). It is in principle bound by the facts of a final penalty order (BGE 123 II 97). So contest what you are accused of, such as the speed measured or who was driving, in the criminal proceedings, and answer that authority's letters within the time it sets.

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Objection to a penalty order, such as a traffic fine, in German (Switzerland)

Name: Objection to a penalty order, such as a traffic fine, in German (Switzerland)
Brand: DocMuse
SKU: einsprache-strafbefehl-schweiz
Price: 2.00 CHF
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Author: DocMuse

Switzerland · in German

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For accused persons in Switzerland who received a penalty order (Strafbefehl), for instance for a traffic offence, in German for an authority that works in German: objects in writing to the authority that issued it (Art. 354 CrimPC), with or without reasons, and asks to see the file. The period is ten days from service; without a valid objection the order becomes a final conviction. Not for a fixed fine (Ordnungsbusse), which you pay or refuse. Send it by registered post, handed to the post office by the tenth day.

Made for use in Switzerland
Last updated November 4, 2026

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When to use this document

You received a penalty order in Switzerland for speeding and you disagree with it.
The public prosecutor wants a fine for something you did not do.
You were not the driver when the car was caught by a speed camera.
You want to challenge the penalty order in writing before it becomes final.

What you fill in

The details the document asks for.

Sender
Sender's address
Authority that issued the penalty order (name as on the order)
Authority's address (as in the notice of appeal)
City
Date
Case number
Date of the penalty order
Penalty order received on (day of service)
Reasons (optional, not required)

Common questions

What happens if I do not object to a Swiss penalty order within ten days?: The penalty order becomes a final judgment (Art. 354 para. 3 CrimPC): you stand convicted and owe the fine and costs. The ten days start the day after service; handing the objection to Swiss Post on the last day is enough (Art. 91 para. 2 CrimPC). If you do not collect a registered penalty order, it is deemed served on the seventh day after the delivery attempt where you had to expect it (Art. 85 para. 4 let. a CrimPC). Criminal procedure has no court holidays: the period runs during holidays too (Art. 89 para. 2 CrimPC).
Must I give reasons for objecting to a Swiss penalty order, and where does it go?: No, the accused need not give reasons (Art. 354 para. 2 CrimPC). The objection goes in writing to the authority that issued the order and is named in the notice of appeal: the public prosecutor or, for contraventions, the administrative authority the canton designates (Art. 357 CrimPC). Sign the letter by hand; an ordinary e-mail is not enough (Art. 110 CrimPC). No lawyer is required.
What happens after objecting to a Swiss penalty order?: The authority takes any further evidence, often at an examination. If, despite a summons, you stay away without excuse from an examination, or from the court hearing without being represented, the objection counts as withdrawn (Art. 355 para. 2, Art. 356 para. 4 CrimPC). The authority then upholds the order — and the court of first instance decides — drops the case, issues a new order or indicts (Art. 355 para. 3 CrimPC). You may withdraw the objection until the end of the parties' pleadings (Art. 356 para. 3 CrimPC). If convicted, you bear the costs (Art. 426 CrimPC).
Does an objection to a Swiss penalty order also cover a driving licence withdrawal?: Not directly. After a traffic offence that cannot be dealt with by a fixed fine, a cantonal administrative authority, usually that of your canton of residence, withdraws the driving licence or issues a warning in separate proceedings (Art. 16 para. 2, Art. 22 para. 1 RTA). It is in principle bound by the facts of a final penalty order (BGE 123 II 97). So contest what you are accused of, such as the speed measured or who was driving, in the criminal proceedings, and answer that authority's letters within the time it sets.

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