Regular administrative penal proceeding
In contrast to summary penalty notices, anonymous notices, and penalty notices, in the regular administrative penal proceeding, a preliminary investigation is conducted, and the defendant is given the opportunity to present his/her case.
The defendant has the right to contact a defence counsel at any stage of the proceedings, to grant the defence counsel power of attorney and to confer with him/her without supervision.
The administrative penal authority (usually the district administrative authority or the provincial police directorate) may summon the defendant to appear for examination, or request the defendant, at his/her choice, to appear for examination at a given time or to justify themselves in writing by that time. The defendant has the opportunity to present evidence useful to the defence (e.g., to call witnesses).
If the defendant does not comply with the summons without justification, the proceeding may be carried out without his/her hearing.
In the case of an arrested defendant - if he/she has engaged a defence counsel - the examination shall in principle be postponed until his/her arrival.
If the defendant is summoned or brought in for examination to the administrative penal authority, the penal proceeding shall be carried out in an oral hearing. After the necessary evidence has been taken, the administrative decision shall be pronounced immediately if possible.
The proceedings are closed by issuance of a penalty (‘administrative penal decision’), an administrative decision by which an admonition is pronounced, or with the dismissal of the proceeding.
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