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Objection to a penalty order, such as a traffic fine, in Italian (Switzerland)
Switzerland · in Italian
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For accused persons in Switzerland who received a penalty order (decreto d’accusa), for instance for a traffic offence, in Italian for an authority that works in Italian, such as those of Ticino: objects (opposizione) 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 judgment. Not for a fixed fine (multa disciplinare), 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
Published byDocMuse
When to use this document
- A penalty order from the Ticino public prosecutor arrived by registered post and you disagree with it.
- You received a speeding penalty order in Switzerland, but someone else was driving.
- The penalty order looks too harsh and you want the case looked at again, in Italian.
- You want to see the file before deciding whether to keep your objection.
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 follows in Ticino if the ten days to object to a penalty order run out?
- The penalty order becomes a final judgment (Art. 354 para. 3 CrimPC): the conviction is definitive, and the fine and costs are owed. 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). A registered order that is not collected is deemed served on the seventh day after the delivery attempt, if 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).
- In Ticino, where does an objection to a penalty order go, and must it give reasons?
- 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 its notice of appeal: for offences the Ministero pubblico (public prosecutor) of the canton of Ticino; for contraventions the law gives to a cantonal administrative authority, that authority, which has the prosecutor's powers (Art. 357 CrimPC; in Ticino the contraventions procedure act of 20 April 2010). Sign the letter by hand; a plain e-mail is not enough (Art. 110 CrimPC). No lawyer is required.
- How do proceedings continue after objecting to a penalty order in Italian-speaking Switzerland?
- 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).
- In Ticino, does objecting to a penalty order also stop a driving licence withdrawal?
- Not directly. After a traffic offence that cannot be dealt with by a fixed fine, the administrative authority 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). That authority 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.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
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