General criminal law
Defence against a penal order and immigration consequences
Reinstatement into the previous procedural stage
About a year ago, our client unexpectedly received only the invoice for the costs of a supposed penal order - without ever having been served with the penal order itself. Shortly thereafter, the immigration authority sent a hearing notice, announcing that, based on this "conviction," an entry ban to Germany was being considered.
We immediately filed an objection and requested reinstatement into the previous procedural stage.
The local court initially rejected the request. However, since the service agent had never forwarded the penal order to our client, there was a clear violation of European law. The Munich Regional Court ultimately agreed with our position: the penal order was invalid, and the case was reopened for trial.
During the main proceedings, we submitted a detailed statement addressing the allegation of bodily harm. The case was then discontinued upon payment of a monetary condition. The immigration authority also dropped any further measures.
The proceedings described here have been concluded. The outcome of any case always depends on its individual circumstances.