Bußgeldverfahren, Anhörung

• Ordnungswidrigkeitengesetz (OWiG)

Außerdem gelten die jeweiligen Fachgesetzte, zum Beispiel:

• Sächsische Bauordnung (SaechsBO)
• Jugendschutzgesetz (JuSchG)
• Gewerbeordnung (GewO)
• Waffengesetz (WaffG)
• Sächsisches Naturschutzgesetz (SächsNatSchG)
• Schwarzarbeitsbekämpfungsgesetz (SchwarzArbG)
• Bundesdatenschutzgesetz (BDSG)

Fines are used in many areas as a sanction to make those affected aware of their misconduct and to motivate them to comply with the regulations in the future. The fine procedure usually begins with a hearing.

In addition to the levying of a fine, in some cases the objects to which the respective administrative offence relates can be confiscated. This could be, for example, a weapon that was acquired without the appropriate permit or counterfeit money that was carried.

Jurisdiction

Depending on the offence, different offices are responsible for imposing fines. Contact details can be found in the fine notice.

Note: Administrative offences on motorways are prosecuted and punished by the Saxony State Directorate (Landesdirektion Sachsen).

You will find an individual booking reference on every fine notice. Indicate this when you pay the money or lodge an appeal.

You have committed an administrative offence and in doing so have violated a law that allows you to be punished with a fine, for example:

• Saxon Building Code (Sächsische Bauordnung)
• Youth Protection Act (Jugendschutzgesetz)
• Trade regulations (Gewerbeordnung)
• Weapons Act (Waffengesetz)
• Saxon Nature Conservation Act (Sächsisches Naturschutzgesetz)
• Federal Data Protection Act (Bundesdatenschutzgesetz)

• Fine
• Fee (depending on the amount of the fine): minimum EUR 20.00, maximum EUR 7,500
• Expenses, e.g. a lump sum of EUR 3.50 for the service of the penalty notice

• The fine proceedings usually begin with a hearing at which you, as the person affected, can describe your view of what happened.
• If the competent authority continues to uphold the accusations after the hearing, you will receive a penalty notice. This will inform you, among other things, about the description of the offence and the amount of the fine.
• You can either accept the notice or object to it.

Accepting the penalty notice

You must pay the total amount of the fine within the period stated in the notice (usually two weeks). Please note the information on bank details and the purpose of payment given in the notice.

Appealing against the penalty notice

If you do not accept the penalty notice, you can lodge an objection in writing or verbally in writing within two weeks of being served with the notice. The competent penalty authority will then re-examine the facts of the case. If it comes to the conclusion that the case was lawful, the file is handed over to the public prosecutor's office. The district court then decides whether to accept or reject the appeal.

If the objection is not received in time, the penalty notice becomes final and must be paid. Only in justified individual cases can an objection received after this deadline be accepted by the authority.

Ignoring the penalty notice

If you neither pay the fine nor lodge an objection, dunning proceedings will be initiated. This involves additional costs.

If it is evident that you are deliberately trying to evade payment, enforcement detention may be ordered.

• Objection deadline: within two weeks after service
• Payment deadline: two weeks after the decision becomes final

Note: Two weeks after you receive the decision, it becomes legally binding.

Objection (details on the procedure in the penalty notice)