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If fine proceedings are initiated, the legislature stipulates that the accused be given the opportunity to be heard. This is enshrined in Article 103 of our Basic Law. The opportunity to comment on the course of events can be given verbally by the police officers take place. Hearing forms are sent out much more frequently. We explain what this document is all about, whether you have to fill out a hearing form and what the legal consequences are of incorrect or non-provided information.
What is a hearing sheet?
You prefer a traffic violation has committed must reckon with mail. The vehicle owners receive a hearing form and are asked to comment on the allegations made. A hearing form is not tied to a specific form.
The following information is usually included:
- name of the accused
- Description of the allegation
- possible sanctions
- witnesses (optional)
- evidence (optional)
Possible evidence does not have to accompany the hearing form. Therefore, the letter does not necessarily have to contain a photo as evidence.
Tip: Significant evidence is only to be attached when the fine notice is sent. If these are missing, an objection can be worthwhile.
What is the function of the hearing form?
Anyone who commits a crime must not simply be held accountable, but must be allowed to speak out on the matter. Anyone who has committed an administrative offense will not automatically receive a fine notice, but will first be sent the hearing form.
In addition to the purpose of giving the vehicle driver the opportunity to comment on the crime, the letters also serve to identify the vehicle driver. Hearing forms are sent out, for example, when speeding is exceeded or red traffic lights or stop and one-way streets are overlooked.
All relevant information on the facts is listed. So should the time and place of the misdemeanor be specified. Likewise, the accused already learn from the letter that what fine to expect. Brief information on witnesses is also included, but is not very meaningful for the recipient, since abbreviations are used to protect the officials.
Do I have to fill out an interview form?
The hearing form should be completed within one week of receipt and submitted to the Office for administrative fine be sent back. The recipient must return the sheet with full personal details. However, information on the course of the crime does not have to be given, because according to German law, nobody has to accuse themselves or admit to an administrative offense.
In summary, the obligation to fill in is divided into two parts:
Personal data: According to § 111 paragraph 1 of the Administrative Offenses Act, OWiG for short, everyone accused of an administrative offense must provide truthful information about themselves.
This concerns:
- First Name
- Surname
- Birthday
- Place of Birth
- Address
Hearing of the Act: The authorities give the person concerned the opportunity to comment on the accusation in the form of the hearing form, but this is not a must. Anyone who does not want to do this can refer to the right to refuse to testify and § 55 of the Administrative Offenses Act and does not have to provide any information that would incriminate them.
Tip: In general, it is not advisable to comment on the administrative offense in the hearing form. Statements made cannot be revoked. This could complicate a possible appeal.
When the hearing form arrives, the recipient can usually assume that the police already have the personal data. However, if the hearing form contains incorrect information on name, date of birth or similar, the recipient is obliged to correct this information and send back the document with the corrected data.
Good to know: If the recipient of the letter is the vehicle owner, but not the person responsible for the culpable administrative offence, the actual perpetrator can be named in the letter. However, this is also not a must.
What effects do hearing forms have on the statute of limitations for the administrative offence?
After the offense has been committed, the authorities have three months to issue a notice of fine and send it to the person concerned. With the sending of the hearing form, however, the limitation period is interrupted and reset to the beginning.
The fine authority then has another three months to locate the vehicle owner at the time of the crime and to send the fine notice to his address.
What are the penalties if false information is given in the hearing form?
Whether there is a penalty and how high it ultimately turns out depends on the incorrect information. Anyone who does not answer the information about themselves truthfully must expect a fine. This can be imposed at different levels. A maximum of 1.000 euros can be used as a guide value.
If false information is given about the course of the crime, this can result in a criminal complaint. False self-accusation can also be punishable. Anyone who claims to have been behind the wheel to protect the perpetrator faces criminal charges. The real perpetrator is charged with false suspicion and the driver who tried to protect him is accused of aiding and abetting. The Stuttgart Higher Regional Court made a corresponding decision in 2015. (July 23.07.2015, 2-94Ss15/XNUMX).
What if no hearing form is sent?
The accused must be given the opportunity to comment on the course of events before the fine is issued. However, the hearing form is not the only option. The person concerned can also be questioned by the officers as part of a traffic check that has been carried out. The police then immediately confronted the driver with the allegation. At the same time, this gives the perpetrator the opportunity to comment on the allegation.
Note: If an on-site hearing has already been carried out, this may make it unnecessary to send the hearing form.
This means that the hearing in fine proceedings does not necessarily have to be carried out in writing. In the case of speed and distance checks carried out using a laser or video tracking system, the verbal hearing is common. Because the accused are stopped anyway by the officials on site.
Anyone who is caught by a stationary speed camera usually receives a hearing form.
Anyone who has not received a hearing form, although the requirements for this are met, should check whether the registration address has changed in the meantime and the officials were therefore unable to deliver the letter. Anyone who has not complied with the obligation to re-register must expect further sanctions and should correct this as soon as possible.