Ordinary remedies


A statement of opposition to the criminal order is a specific appeal against a criminal order. It shall be lodged at the court which issued the order within eight days of its service.

If a statement of opposition to the criminal order is lodged by the person entitled to oppose it within the time-limit, the criminal order shall be revoked and the single judge shall order a main trial; when hearing the case at the trial, the single judge shall not be bound by the legal qualification or the type and amount of the sentence contained in the criminal order. Otherwise, the criminal order shall become final and enforceable.

If the court decides on a criminal order, it must consider the evidentiary situation and the acceptability of the sentence for the accused. In some cases, failure to resist may be a preferable option - particularly in situations where the criminal order imposes a (lighter) financial penalty. An offender who has been fined for an offence other than especially serious felony is treated as if he or she had not been convicted when the fine is paid. By resisting, the defendant accepts the risk that the court will decide on a different, more sensitive sentence.