A penal order is a judicial decision rendered by the Public Prosecutor's Office, as provided for by the Swiss Code of Criminal Procedure (CPP). This mechanism allows the Public Prosecutor to conclude the preliminary proceedings and impose certain penalties (a fine, a monetary penalty of up to 180 daily fines, or a custodial sentence of up to six months) when the accused has admitted the facts or when they are established (Article 352 CPP).
Contents of the Penal Order
The contents of a penal order are specified in Article 353 CPP and include:
The identity of the accused
The facts attributed to them
The committed offenses
The sanction
An indication of the right to file an objection and the consequences of failing to do so
A penal order becomes enforceable as a final conviction if accepted by all parties. However, the accused, other concerned individuals, or even the Federal Public Prosecutor's Office may, in certain cases, object within ten days (Article 354 CPP).
Objection Procedure
An objection must be addressed to the authority that issued the penal order. Filing an objection prevents the decision from becoming final. Following the objection and additional evidence collection, the Public Prosecutor has several options (Article 355 CPP):
Maintain the penal order
Close the proceedings
Issue a new penal order
Bring the accusation before the first-instance court
This means that the Public Prosecutor is not bound by the terms of the first penal order regarding the pursued offenses or the penalties to be imposed. Furthermore, if the case is brought before the first-instance court, the court is not bound by the legal qualifications or sanctions proposed by the Public Prosecutor. Consequently, it is possible that, in the case of an objection, the accused may receive a heavier sanction than initially imposed by the Public Prosecutor.
Advantages of a Penal Order
A conviction via a penal order offers certain advantages for the accused, as the procedure is relatively quick and discreet (there is no public trial), and for the state, due to its low cost.
If you need further information on this subject, the Valentin Legal Consultation will be happy to welcome you at our premises located at Rue du Valentin 1, 1004 Lausanne, Switzerland, to answer any questions you may have. We are also reachable by phone at 021 351 30 00 and by email at info@cjdv.ch.
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