Art. 356 CrimPC from 2023
Art. 356 Procedure before the court of first instance
1 If the public prosecutor decides to stand by the summary penalty order, it shall send the files immediately to the court of first instance for the conduct of the main hearing. The summary penalty order constitutes the indictment.
2 The court of first instance shall decide on the validity of the summary penalty order and its rejection.
3 The rejection may be withdrawn at any time prior to the conclusion of the party submissions.
4 If the person filing the rejection fails to attend the main hearing without excuse or being represented, the rejection is deemed to have been withdrawn.
5 If the summary penalty order is invalid, the court shall revoke it and refer the case back to the public prosecutor for new preliminary proceedings to be conducted.
6 If the rejection relates only to costs and damages or other incidental legal orders, so the court shall decide in written proceedings, unless the person filing the rejection expressly requests a hearing.
7 If summary penalty orders have been issued to two or more persons in relation to the same act, Article 392 applies mutatis mutandis.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
