Question about a penalty order?


Questioner

I filed an objection to a penalty order in mid-December 2011. In mid-March 2013, I was summoned to appear in court in May 2013. In the meantime, I only received confirmation of receipt of my objection on December 19, 2011. Did the deadline for responding to my objection never expire?

Questioner

No, because the Public Prosecutor determines whether, after the objection, there are grounds to schedule the case for a hearing or to handle it in writing. In principle, there are no (administrative law) deadlines attached to this. In most cases, a case is scheduled for a hearing. Only if the response exceeds a two-year deadline and the case is then scheduled for a hearing does this violate Article 6 of the ECHR (exceeding a reasonable period). However, this often 'only' leads to a reduced sentence unless the exceedance is exceptionally long (for example, five years). In this case, eighteen months is within the deadline, but still too long. I advise you to consult a lawyer in this matter.

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