How to Challenge a Fine in Switzerland

Challenging a Fine in Switzerland

In Switzerland, it is possible to challenge a fine, whether it is a fixed penalty or a summary penalty order. The procedure varies depending on the type of fine.

Fixed Penalties (Art. 1 FPA)

Fixed penalties concern minor offences (parking, minor speeding). They are set by the Fixed Penalties Act (FPA).

To challenge: simply do not pay the fine within the 30-day time limit. The authority will then open ordinary proceedings and issue a summary penalty order that you can challenge.

Summary Penalty Order (Art. 352 et seq. CrimPC)

For more serious offences, the public prosecutor issues a summary penalty order. This becomes final if it is not challenged.

To challenge: file an objection within 10 days of notification (art. 354 para. 1 CrimPC). The objection must be in writing but does not need to be reasoned. It leads to a referral to the court.

Grounds for Challenge

The most common arguments are:

1. Identification error (you were not the driver)
2. Procedural defect (unapproved radar, incorrect signage)
3. Measurement error (safety margin not respected)
4. Justificatory circumstances (necessity, art. 17 SCC)
5. Error of fact

Risks of Challenging

Note: if the objection is rejected, the court may impose a more severe penalty than that in the summary penalty order (reformatio in pejus is possible at first instance). Court costs are also borne by the convicted person.

Legal Representation

For significant fines or serious offences (licence withdrawal, criminal record entry), legal representation is recommended. A lawyer can assess the chances of success and avoid a doomed challenge.