Confusion in the Flensburg Court: Procedure after coercion canceled!

On January 11, 2025, the website criminal rights wins.de reported on the decision of the district court Flensburg, the judgment of III. To abolish the small criminal chamber of June 12, 2024. In this case, the defendant was sentenced to a fine of 30 daily rates of 30 euros each for coercion due to coercion. The regional court had hired the procedure by a process judgment in accordance with Section 260 (3) StPO due to a determined procedural obstacle.

The obstacle to the procedure resulted from the fact that the district court decided in the criminal order procedure without the opening decision after the accelerated procedure was rejected. The public prosecutor then revision and argued that no opening decision was required in the criminal order procedure. The revision was declared permissible in accordance with Section 333 of the Code of Criminal Procedure and the district court found that the termination of the procedure was incorrect.

Details on the procedural types

The public prosecutor can submit a criminal order application after the accelerated procedure was rejected, which means that the issuing of the criminal order will replace the opening decision in the criminal order procedure. The district court had therefore carried out the criminal order procedure without any legal errors. The district court misunderstanding the legal regulations and procedures. In addition, the public prosecutor's office retains the authorization to dispose of the indictment until the main procedure was opened.

After the accelerated procedure was rejected, the procedure is attributed to the investigation, and the public prosecutor has again the opportunity to decide how it would like to proceed, including the application for a criminal order. The regional court's view that a criminal order restricted the defense of the accused after the accelerated procedure was rejected was considered inaccurate. The main hearing takes place on the defendant's objection as soon as a criminal order is issued.

The special procedures in German law include the criminal order procedure, which is regulated by § 407 ff. StPO. According to Juraonline.de, the essential prerequisites for this procedure are the responsibility of the district court and the existence of an offense according to § 12 StGB. In addition, no opening of a main hearing is required if there is a clear evidence or a simple fact. The public prosecutor must also make an application for certain legal consequences, and against the punitive order can be obtained in accordance with Section 410 of the Code of Criminal Procedure.