Summary penal order – 30 days to consider consenting to a fine procedure

A summary penal order is only used when the suspect does not consent to a fine procedure immediately when issued with a fine or fixed petty fine. The suspect then has 30 days to change their mind and consent to the procedure.

Paying the summary penal order within 30 days is deemed to constitute consent for processing the matter under the Act on the Imposition of a Fine or Fixed Petty Fine. Partial payment of the fine or fixed petty fine is also considered to constitute consent.

Use of the fine procedure requires the consent of the person fined

A matter can only be processed under the Act on the Imposition of a Fine or Fixed Petty Fine (Fine Procedure Act) if the suspect waives their right to an oral hearing and consents to deciding the matter in the procedure provided for in the Act.

The suspect is always asked for their consent when they are fined. Information about the consent is entered on the fine form. If the suspect does not consent to processing the matter under the Fine Procedure Act, they are issued with a summary penal order.

You can consent to the fine procedure, for example, by paying the fine or fixed petty fine (in full or in part) within 30 days of service of the summary penal order. If you do pay, include the reference number. If you do not include the reference number or use the wrong number, the information about your consent, given with the payment, will not be conveyed to the police.

If consent has been given retrospectively, the penalty will be confirmed with a fine order, fixed petty fine order or penal order . You will not be notified separately of an official decision confirmed in this way.

What if I do not consent?

If you do not want to consent to the fine procedure, do not pay the fine or fixed petty fine even partially. Even a partial payment is deemed to constitute consent.

If you do not pay the fine or fixed petty fine in 30 days, the matter will be moved to the regular criminal procedure. In other words, a pre-trial investigation will be conducted, potentially followed by the consideration of charges and a court hearing.

A fine imposed by a court can be converted to imprisonment.

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