Not every criminal proceeding involves a hearing in the courtroom. There is also the possibility of issuing a penal order. This is carried out without an oral hearing in cases where the facts are so clear that a punishment may be imposed. This accelerates the criminal proceedings. Of course, there is also the possibility of submitted ad objection, in which case a trial is held.

Usually, penal order proceedings are initiated for misdemeanours, that is, criminal offences which do not carry a prison sentence of at least one year, and for which no extensive gathering of evidence is necessary. This is the case, for example, when the offender has confessed, and when the factual situation is easy to understand. A penal order proceeding is not permissible for felonies, meaning criminal offences with a minimum sentence of at least one year's imprisonment, for example robbery or bodily injury resulting in death.

At the beginning of the proceeding, the public prosecutor’s office makes a motion for the issuance of a penal order. The competent court then has various options:

If the guilt of the offender(s) is probable, the judge may directly impose the requested penalty. Otherwise, under certain preconditions the court can deny the motion of the prosecutor’s office, encourage an amendment of the motion, order further investigations or schedule an oral hearing.

The written penal order is served on the defendant. An objection to the penal order may be submitted within two weeks following service of the penal order. In such cases, a trial is then held before the court that issued the penal order. Otherwise, the penal order takes legal effect and the penalty can be enforced.
No formal rights of participation by the aggrieved parties are provided for in the penal order proceedings because the factual situations are simple and straightforward and no long prison sentences are permissible.