Definition and Legal Basis of Fines (Buße)
The term fine (Buße) in the German legal system primarily refers to a monetary payment imposed as a sanction for a regulatory offense (Ordnungswidrigkeit). It represents a central instrument for sanctioning legal violations outside of criminal law and serves both to punish individual misconduct and to prevent future regulatory offenses. The legal foundations of fines are codified in particular in the Act on Regulatory Offenses (OWiG).
Distinction: Fine, Penalty, and Warning
Fine versus penalty
In contrast to a penalty, which is imposed exclusively for criminal offenses and can result in significantly more severe consequences (e.g., imprisonment or entries in the Federal Central Register), a fine is applied to regulatory offenses. While criminal proceedings may include substantial infringements of the rights of the person concerned, the fine is a milder and faster remedy.
Fine and warning
In addition to fines, a warning can also be issued in regulatory offense law. A warning is particularly used for minor violations and can be issued with or without a warning fee. Compared to a fine, it is a less burdensome measure and primarily serves as a warning.
The fine under regulatory offense law (OWiG)
Legal basis
The core legal basis for fines is found in the Act on Regulatory Offenses (OWiG). According to § 1 OWiG, unlawful and culpable actions that fulfill the elements of a law are regulatory offenses, provided they are not threatened with punishment as a criminal offense. For such violations, the OWiG provides for the imposition of a fine.
Procedure for determination of a fine
Initiation of fine proceedings
Fine proceedings are generally initiated by the administrative authority responsible for the matter at hand (for example, the public order office or the police). The procedure is concluded by the issuance of a notice of fine, unless the proceedings are discontinued or a judicial objection is raised.
Amount of the fine
The amount of the fine depends on the circumstances of the individual case and the statutory provisions. Section 17 (1) to (4) of the OWiG stipulates that the fine must be at least €5 and – unless otherwise provided by law – no more than €1,000. For certain regulatory offenses, such as those in road traffic, specific standard rates apply as set out in the respective fine catalogues.
Notice of fine
With a notice of fine, the competent authority informs the concerned party of the allegations made, the fine imposed, and provides instructions on legal remedies. The notice of fine is an administrative act and becomes legally binding after the objection period expires, provided no objection is filed.
Objection to the fine
The party concerned may lodge an objection to the notice of fine within two weeks of delivery. If the objection is made within the deadline, the authority reviews the procedure and can revoke or amend the notice or refer the case to the local court. Court fine proceedings are governed by §§ 67 et seq. OWiG.
Purposes of the fine
The fine serves several purposes: sanctioning unlawful conduct, maintaining the rule of law, and providing both general and specific deterrence. The aim is to encourage both the individual and the public to comply with legal provisions.
Types of fines in German law
Fines in traffic law
In road traffic law, fines are the most common sanction for regulatory offenses such as speeding, running red lights, or using a cell phone while driving. The basis here is the Road Traffic Act (StVG) and the nationwide fine schedule (Bußgeldkatalog).
Fines in environmental law
Fines are also imposed in environmental law to enforce environmental regulations. Violations of requirements regarding nature conservation, waste disposal, or water law can be punished with fines under special fine provisions.
Fines in commercial and administrative law
Commercial and administrative law regulations impose fines for breaches of conditions, approval requirements, or licensing terms. Failure to comply with record-keeping obligations or data protection laws may also be sanctioned with fines.
Assessment and payment of fines
Assessment criteria
The amount of the fine is determined by the severity of the offense, the consequences of the violation, the importance of the protected legal interest, and the financial circumstances of the party concerned (§ 17 (3) OWiG). A culpability-based assessment of the fine is legally required.
Payment and enforcement
Once the notice of fine becomes final, the set fine must be paid within a certain period specified in the notice. Enforcement is carried out according to the provisions of administrative enforcement law. If payment is not made, compulsory measures such as wage or account garnishments may be ordered.
Fines in the international context
Comparable financial sanctions to the German fine also exist in European and international law. Notable examples include the ‘Geldbuße’ (fine) imposed by the EU Commission for breaches of competition law (Art. 101 and 102 TFEU, Art. 23 Regulation 1/2003). There are similar institutions outside Germany serving as means of repressive administration.
Legal consequences of a fine
In general, a fine carries no further legal consequences such as entry into the certificate of good conduct or the Federal Central Register. Exceptions exist only for certain serious regulatory offenses, such as in traffic law, when, in addition to the fine, points are entered in the Driver Fitness Registry (FAER) or a driving ban is imposed.
Limitation of fines
The prosecution of regulatory offenses and thus the imposition of a fine is subject to limitation periods. The limitation periods are set out in § 31 OWiG and, depending on the severity of the offense, range from six months to three years. Once the limitation period has expired, a fine can no longer be imposed.
Summary
The fine is the central means of sanctioning regulatory offenses under German law. It is comprehensively regulated in the Act on Regulatory Offenses (OWiG) and is applied in numerous legal areas such as traffic, environmental, and commercial law. The assessment of fines is based on legal requirements and the specifics of the individual case. The process for imposing fines begins with the issuing of a notice of fine; the party concerned has the right to object to the notice. The fine serves both preventive and punitive purposes and upholds the enforcement of laws in the area of regulatory offenses.
Frequently Asked Questions
What are the legal consequences of paying a fine?
Legally, payment of a fine generally ends the corresponding regulatory offense proceedings, and the offense is considered sanctioned. A fine is not a criminal measure, but a sanction for minor legal violations (usually in administrative law, particularly traffic law). By paying a fine, the party concerned effectively acknowledges the established regulatory offense and waives further legal remedies, as long as these have not already been asserted. There is no entry in the Federal Central Register, but an entry may be made in the Driver Fitness Register at the Federal Motor Transport Authority, depending on the amount of the fine and the nature of the offense. Payment basically exempts the party concerned from further governmental or judicial prosecution of the same act. A refund of the paid fine is only possible in exceptional cases, for example if it later turns out that the notice of fine was unlawful.
How can one legally challenge a notice of fine?
A notice of fine can be challenged by lodging an objection, which must be filed in writing or on record at the competent fine office within two weeks of delivery. Once a timely objection is lodged, the regulatory offense proceedings are reviewed again. The authority may revoke, amend, or forward the notice for a decision to the competent district court, which will then decide in writing or after a main hearing. In court proceedings, the party concerned is given the rights of the accused and may, for example, be represented by a lawyer, request access to the file, and name witnesses. If the court’s decision is challenged again, it is possible under certain circumstances to lodge an appeal with the Higher Regional Court, but only if there are serious legal errors.
What deadlines must be observed in connection with fine proceedings?
There are several important deadlines in fine proceedings: Firstly, prosecution of regulatory offenses usually becomes time-barred after three months, unless a notice of fine is issued. Upon issuance and delivery of the notice of fine, the limitation period is usually six months, but can be interrupted or restarted through certain actions by the authority (e.g., hearing, procedural measures). After delivery of a notice of fine, the party concerned must act within two weeks to file an objection. Once this objection period expires, the notice becomes final, and subsequent legal remedies are only very limited, such as an application for reinstatement if the deadline was missed without fault.
Under what circumstances can a fine be waived or reduced?
A waiver or reduction of a fine may occur when special circumstances justify departing from the statutory standard fine. According to § 17 of the Act on Regulatory Offenses, the significance of the offense and the culpability of the offender must be taken into account when assessing the fine. Factors such as low income, exceptional financial burdens on the party concerned, or subsequent compensation may lead to a reduction. In cases of minor procedural errors or procedural delays, a complete waiver of the fine may even be considered. The decision to waive or reduce the fine is at the discretion of the competent authority or court, and an appropriate justification is required.
What are the differences between a fine and a penalty?
There are fundamental legal differences between fines and penalties: While a penalty is imposed for a criminal offense under the Criminal Code or other criminal laws, a fine is used for regulatory offenses—less serious legal violations, usually under administrative law. A fine does not have criminal collateral consequences such as a criminal record or entries in the Federal Central Register, and does not lead to imprisonment. The notice of fine is an administrative act and is governed by the Act on Regulatory Offenses, whereas penalties are subject to the Criminal Code and the Code of Criminal Procedure. Additionally, procedures in fine cases are generally less formal than in criminal proceedings.
What role does the Driver Fitness Register play in traffic fines?
The Driver Fitness Register, maintained by the Federal Motor Transport Authority in Flensburg, is a central register in which certain traffic violations are recorded with points. An entry is made for traffic regulatory offenses only if the fine is at least €60 and the violation significantly affects traffic safety. Points are awarded according to the severity of the violation; upon reaching certain thresholds, measures such as a warning, a driver fitness seminar, or ultimately the revocation of the driving license may follow. Notices of fine below this threshold or without relevance for traffic safety are not registered in the Driver Fitness Register.
Can a fine that has already been paid be reclaimed later?
A refund of an already paid fine is generally only possible under certain legal conditions. The Act on Regulatory Offenses provides that if the unlawfulness of the notice of fine is established afterwards—e.g., as a result of a successful retrial or identification of a procedural error—the fine paid in error must be reimbursed. An appropriate application must be filed with the competent authority. A refund may also be granted if a court subsequently annuls the notice of fine. The authority will check in each case whether the requirements are met, and decide based on the records. A statutory claim exists only if the legal basis for the fine no longer applies.
