In administrative offense law, the principle of favorability applies, meaning that the penalty is based on the applicable law, unless the law in force at the time of the decision would be more favorable to the affected party. This particularly concerns the reduction of the penalty threat.
The type of penalty and the penalty ranges are determined by the respective subject-specific laws, with the VStG only establishing principles, in particular upper and lower limits of the penalty range. If the subject-specific law does not provide for a penalty, a fine of up to EUR 218 or imprisonment of up to two weeks can be imposed.
However, generally, imprisonment can only be imposed if necessary to prevent the perpetrator from committing further administrative offenses (specific prevention). The minimum term of imprisonment is 12 hours, and the maximum term is up to six weeks. However, independent – i.e., non-directive – authorities can impose imprisonment of up to three months.
If imprisonment is not permissible, a fine can be imposed. This must be at least EUR 7 and may not exceed EUR 2,180. However, subject-specific laws usually specify other maximum amounts.
