Criminal Law

Regulatory-Offence Law

Professional defence in fine proceedings

Regulatory Offences Law – Effective Defence in Administrative Fine Proceedings

Regulatory offences (Ordnungswidrigkeiten) are everywhere and can affect anyone – from simple traffic violations to complex commercial infringements within companies. Although regulatory offences by definition do not constitute criminal acts, the consequences can be substantial: hefty fines, driving bans, points on your record in the central traffic register in Flensburg, or even the revocation of commercial licences. In addition, regulatory offence proceedings can serve as a springboard for further criminal investigations. Competent legal representation is therefore essential to safeguard your rights and achieve the best possible outcome.

Our approach in regulatory offences law is strategic and detail-oriented: we systematically review every fine notice (Bußgeldbescheid) for procedural errors, substantive legal defects and the proportionality of the sanction imposed. We make use of every procedural option available – from access to the case file and evidentiary review through to formal procedural objections. Our aim is to reduce or entirely overturn the fine, prevent driving bans, and, in corporate proceedings, minimise reputational damage.

For traffic-related regulatory offences, we analyse the measurement methods in detail, examining calibration records and operator errors as well as the proper conduct of the measurement procedure. Technical defects or procedural errors can often be established, which lead to discontinuation of the proceedings or a significant reduction of the fine. Particularly where a driving ban is threatened, we employ every legal means to prevent or shorten it.

Tax-related regulatory offences require close coordination between the regulatory-offence proceedings and the tax proceedings. We develop coordinated defence strategies that keep both procedures in view and represent you both before the fine authority and before the tax administration. We make sure that statements made in one procedure do not lead to disadvantages in the other.

In corporate regulatory-offence cases (such as environmental, trade or data-protection breaches), often not only the fine but also the reputation of the company is at stake. We develop PR-sensitive defence strategies and provide preventive advice on compliance measures in order to avoid future breaches. We are also available with our expertise in antitrust-fine proceedings.

Our lawyer Kumru Dursun has extensive experience in regulatory-offence law and is familiar with the specific procedural rules of the various administrative authorities. For each case, she develops the optimal defence strategy, combining legal precision with pragmatic negotiating skill.

Traffic Regulatory Offences

  • Speeding offences
  • Red-light and distance violations
  • Mobile-phone and seat-belt offences
  • Parking-space management
  • Driving bans and penalty-point proceedings

Tax-Related Regulatory Offences

  • Negligent tax evasion
  • Late filing of tax returns
  • Breach of accounting duties
  • Tax offences vs. tax regulatory offences
  • Coordination with tax proceedings

Environmental Regulatory Offences

  • Breaches of environmental conditions
  • Waste and disposal law
  • Emissions-protection law
  • Water Resources Act
  • Chemicals law and REACH

Trade Regulatory Offences

  • Breaches of the Trade Regulation Act
  • Sunday and public-holiday work
  • Young Persons (Employment) Act
  • Illegal-Employment Act
  • Occupational safety and operational safety

Building Regulatory Offences

  • Breaches of building permits
  • Unauthorised buildings and changes of use
  • Heritage protection
  • Federal-state building-law regulations
  • Neighbour-law disputes

Data-Protection Regulatory Offences

  • GDPR breaches
  • Notification obligations on data-protection breaches
  • Fine proceedings of the data-protection authorities
  • Compliance advice
  • Coordination with civil-law claims

Your contact

Kumru Dursun

Kumru Dursun

Specialist in Criminal, Traffic and Civil Law

Book a consultation

Key Regulatory Offence Deadlines

Objection deadline: 2 weeks after service
Statute of limitations: 6 months after the offence
Enforcement limitation: 3 years after the decision becomes final
Access to case file: Available after filing an objection
TÜV ISO 9001 certified