Summary penalty order: what to do if you receive one
What is a summary penalty order
The summary penalty order (art. 352 CPP) is a decision issued by the public prosecutor without a court hearing, for offences of limited severity. It requires that the accused has been heard or given the opportunity to be heard, that the facts are established, and that the sanction does not exceed the limits set by law (in particular a custodial sentence of at most six months, possibly combined with a monetary penalty or fine).
Filing an objection
The accused, or any other person directly affected by the order, can file a written objection within ten days with the public prosecutor's office that issued it (art. 354 CPP). The objection must in principle be reasoned, unless it concerns only the amount of the sentence, in which case a simple statement suffices.
What happens after a valid objection
If the objection is admissible, the public prosecutor gathers the evidence needed to rule on it. It can then uphold the summary penalty order, dismiss the case, issue a new summary penalty order, or bring the charge before the court of first instance if the disagreement persists (art. 355-356 CPP).
What happens without an objection
If no objection is filed within the ten-day period, the summary penalty order becomes a final judgment, with the same effects as a conviction handed down by a court, including entry on the criminal record where applicable.
Frequently asked questions
Within what time limit must I object to a summary penalty order?
Within ten days of its notification, in writing, with the public prosecutor's office that issued it (art. 354 CPP).
What happens if I don't object?
The summary penalty order becomes a final and enforceable judgment, with the same effects as a conviction handed down by a court, including entry on the criminal record if the sanction provides for it.
Does the objection need to be reasoned?
In principle yes, unless it concerns only the amount of the sentence, in which case an unreasoned objection is sufficient under art. 354 CPP.
Does a summary penalty order appear on the criminal record?
If it becomes final and the sanction imposed falls within the cases subject to registration under the criminal records law, yes: a summary penalty order has the same effects as an ordinary criminal judgment.