FAQ

How does the administrative offense procedure end?

The procedure usually ends either by dismissal or issuance of an administrative decision. Exceptionally, in certain cases, the offender may be merely admonished. However, acquittal does not exist in the VStG.

The procedure is dismissed if:

  • the offense alleged against the defendant cannot be proven or does not constitute an administrative offense at all
  • the defendant did not commit the administrative offense alleged against them or circumstances exist that abolish or exclude liability
  • circumstances exist that exclude prosecution
  • the significance of the legally protected interest, the intensity of the impairment caused by the offense, and the culpability are low
  • prosecution is not possible
  •  prosecution would involve disproportionate effort
  • the defendant dies

If any of these conditions are met, the defendant has the right to dismissal.

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