Article 92 Ordinance on Administrative Justice (VRPV) - Penalty: Appeal

1. Administrative penalties can be contested in writing and with reasons submitted to the public prosecutor's office within ten days of notification, unless otherwise specified by legislation.

2. The public prosecutor's office decides whether to dismiss the proceedings, issue its own penalty order, or file an indictment with the court of first instance. The procedure shall be conducted in accordance with the provisions regarding penalty order proceedings.

3. The public prosecutor's office and the courts shall provide the first-instance administrative authority with a copy of the final and legally binding decision.

4. All penalty orders issued by administrative authorities that are not handled through summary fine proceedings must also be submitted to the public prosecutor's office. The latter may issue a penalty order instead of the penalty order issued by the administrative authority or initiate ordinary criminal proceedings. Should the public prosecutor's office intend to do so, it must inform the issuing administrative authority and the affected party within ten days. Otherwise, the penalty order becomes final.

5. The public prosecutor's office is responsible for the conversion of fines imposed by administrative authorities into substitute custodial sentences or community service.

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