Received a criminal order: what does the Public Prosecution Service's decision mean?

A decision about guilt and punishment out of court

The Public Prosecution Service can settle certain criminal cases with a criminal order. The Public Prosecution Service assumes that the criminal offense has been committed. It is therefore not a non-binding invitation to pay an amount. The fact that a judge has not yet heard the case does not make the decision any less important for the person who receives it.

A criminal order can include a fine or community service. The Public Prosecution Service cannot impose a prison sentence in this way. What settlement is possible depends on the fact and the legal conditions. The overview of the criminal proceedings shows where this decision fits between investigation and possible treatment by the judge.

First check which type of letter is in front of you

The CJIB sends different types of letters. A criminal order, an administrative traffic fine, a transaction proposal and a fine imposed by the judge each have their own route. A CJIB letter may contain a letter that helps recognize the type of case: O for a criminal order and M for an administrative traffic fine. Always check the title and remedy information as well.

Save the entire letter, all attachments and the envelope. Note when you first heard of the decision. Then look for the public prosecutor's office number or CJIB number, the description of the fact and the sanction imposed. An amount in itself does not tell you why you have to pay or how you can challenge that decision.

Make a substantive choice before payment

Do you disagree with the punishment order and would you like to object? The Public Prosecution Service then explicitly says that you do not have to pay until the objection has been dealt with. Therefore, do not pay in advance to get rid of the post while you are still disputing the accusation. Immediately discuss any payment that has already been made with a lawyer; do not assume that resistance is therefore always possible or always impossible.

Distinguish between objection to the charge, objection to the sentence and a problem with payment. A payment arrangement examines the feasibility of the payment, but does not replace an objection to the decision. If necessary, ask for clarification on both topics at the same time and note which authority you spoke to about this.

In the event of a disagreement, speed is more important than a perfect letter

The main rule is to reschedule within fourteen days after you became aware of the punishment order. There are additional rules, including an upper limit of six weeks after dispatch in certain infringement cases. Therefore, do not just count from the date or from the moment when you finally have time to read the letter. Have the start and end of your term checked immediately.

The separate guide on opposition to a criminal order states what information the Public Prosecution Service requests and where you can go. A request for the file or a telephone conversation about the case is not in itself an objection. Determine with your attorney who will initiate the legal action and how the filing will be confirmed.

Translate your objection into verifiable questions

Write down for yourself what you disagree about: are you the right person, is the factual description correct, is there a lack of context or do you think the sanction is inappropriate? Make visible what you know and what still needs to be researched. A decision does not necessarily contain all information from the file. Ask how you can review the relevant documents before drawing final conclusions.

A useful preparation is a short timeline with the available documents next to it. Save original messages and receipts. A suspicion that something is incorrect becomes a question that a lawyer can specifically assess. The points of interest from the explanation of the police interrogation can help if an earlier statement plays a role.

Look beyond the immediate fine

A criminal order can be included in the judicial documentation, often called the criminal record. Which data is recorded depends on the applicable rules and the fact. The absence of a court hearing or a low amount is not a general guarantee that no registration will arise. Also read the explanation about the criminal record.

A registration, in turn, does not automatically mean that every VOG application will be rejected. To this end, Justis assesses the purpose of the application and the relevant circumstances. When providing legal advice, mention specific interests, such as an upcoming internship or a position with screening. This allows the lawyer to discuss which decisions now require attention.

What can happen after objection?

The Public Prosecution Service can withdraw the criminal order, adjust it or submit the case to the judge. During a judicial hearing, the criminal case is reassessed. That is not a limited check whether the correct amount was on the letter. The requirement at the hearing may differ from the previously imposed sanction; a more favorable outcome is not guaranteed.

If you receive an amended criminal order or a summons, place it next to your previous documents. Check what exactly has changed and what response is expected. Also keep messages showing that the original decision has been revoked. Loose memories of a telephone conversation provide less guidance later than a clear written decision.

What to prepare for a first conversation

A lawyer can assess what is going on more quickly if you provide the complete decision and the important dates. You do not have to first write a legal argument yourself. Please mention the next term and the part about which you need certainty.

Ask in advance what the assistance includes and what it costs. An initial advice, filing an objection and assistance at a later hearing can be different activities. Discuss attorney fees and the possibility of pro deo legal assistance before the assignment begins.

• Keep complete disposition, envelope and attachments.
• Record the date of receipt and first notification.
• Mark the case number, fact description and sanction.
• In the event of disagreement, have the objection period assessed immediately.
• Agree in writing who will submit any objection.