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M F Whitaker asked [a question] (appealing a penalty notice) which has since been closed because it asked for legal advice in a specific case. I believe that there are two questions of general interest in the closed posting. The first is:

What are the legal consequences of a German Strafbefehl for a third-country national resident in Switzerland?

I believe a good answer would first explain the Strafbefehl, a German type of plea deal legal instrument with some characteristics of a plea deal, some characteristics of a summary judgement which is unfamiliar even to many German nationals. (Unless they got one themselves, or they have lawyers in the family who 'talk shop' at the dinner table ...) This might go into the roles of the prosecutor, court, and injured party (if any).

The next part of the answer would go into the intersection of German and Swiss law. Switzerland is in Schengen but not in the EU, what means does Germany have to collect a (default?) judgement in the case? Mark mentioned §44 STPO regarding time limits, what happens to a non-native-speaker of German with missed deadlines?

The answer should also explain the options for the recipient: accept, demand a trial, or do nothing and get the default outcome.

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    Feb 20 at 15:41

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