Criminal Injunction in 2026: When you can get one and how to resist

Quick summary

• A criminal order is issued by a single judge without a main trial, typically for less serious offences.
• The court can only issue it if the facts are reliably proven.
• A criminal warrant is not subject to appeal, but to resistance.
• The time limit for lodging a statement of opposition is 8 days from the date of service.
• If you submit your opposition in time, the criminal order is revoked and the court will order the main trial.

Do you need to oppose a criminal order or assess whether it is worthwhile? We can help you quickly assess the risks, prepare a submission and set up a defence for further proceedings.

What is a criminal order and the conditions

A criminal order is a type of order that is made by a single judge. It is a summary written proceeding without the need for a main trial and therefore without evidence and participation by the parties. Its purpose is to resolve cases that are not too complex or serious quickly and efficiently. However, several conditions must be met in order for a criminal order to be made.

Criminal warrant – conditions

The conditions for issuing a criminal warrant are regulated by the Criminal Procedure Code. A single judge may issue a criminal order only in proceedings concerning an offence, without a trial in chief. In addition, the following two conditions must be met :

I. The facts are reliably established by the evidence obtained

This means that all the facts and details of the offence are clearly and convincingly established by the evidence that has been gathered. In other words, it is abundantly clear that the offence has been committed because there is sufficient and convincing evidence to prove it.

II. One of the following penalties will be imposed:

• an unconditional prison sentence of up to six months,
• a suspended sentence of up to one year’s imprisonment,
• house arrest for up to one year,
• community service,
• a ban on activity for up to five years,
• a ban on keeping and breeding animals for up to five years,
• a ban on the performance of public contracts or participation in public tenders for up to five years,
• ban on receiving subsidies and subsidies for up to five years,
• a fine,
• forfeiture of property,
• expulsion for up to five years,
• prohibition of residence for up to five years,
• ban from sporting, cultural and other social events for up to five years.

The punishment of community service and house arrest may be imposed by a criminal order only if the court has first requested a report from a probation officer. This report must contain information on whether the sentence can be carried out and the defendant’s opinion on this type of sentence (in the case of community service, it must also contain information on the defendant’s medical capacity). The court shall then take into account the information contained in the report when deciding whether to impose such a sentence.

It also applies that if the court imposes a financial penalty by way of a penalty order, the sum of the financial penalty and any other penalty imposed, including imprisonment or alternative imprisonment to house arrest, must not exceed one year.

Criminal warrants can also be:

• Waive punishment: this is a situation where the court decides not to impose a punishment on the accused, even though he has been found guilty of a crime. It is used only rarely, e.g. in a situation where the accused has committed only a misdemeanour and his efforts to reform and his past life suggest that a trial alone will be sufficient punishment. The court may also resort to this step if the accused has helped fight organised crime by his cooperation.
• Suspended sentence with supervision: this is similar to the above, but in this case the accused is placed on probation supervision for a certain period of time (maximum one year). Various conditions may also be imposed (e.g. prohibition of contact with certain persons, apology to the victim, etc.).
• Waive the imposition of a summary sentence: the court may waive the imposition of a summary sentence if, in the light of the circumstances of the case and the offender’s personality, it considers that the sentence imposed by the earlier judgment will sufficiently fulfil the purpose of the sentence.

Conversely, a penalty order may not be issued:

• In proceedings against a person of diminished capacity, or
• where a protective measure is to be decided.

What a criminal warrant looks like

The criminal order is served on the accused and the prosecutor. The accused receives it in his/her own hands. If the accused has a lawyer, he or she will also receive the warrant. A victim who has asked for compensation for damages, pain and suffering or the return of property wrongly obtained in criminal proceedings will also receive a criminal order. This applies even if a property penalty has been imposed and the victim is not the State and is known. It then takes effect at the time of service on the accused. Let’s take a look at exactly what you will find in it:

• The name of the court that issued the criminal order.
• The date and place where the criminal order was issued.
• The name of the accused: Name, surname, date and place of birth, occupation, residence and, where appropriate, other identifying information.
• Statement of guilt and sentence imposed: This statement shall contain a precise description of the offence of which the accused is found guilty, including the legal classification of that offence under the Criminal Code – it must clearly define the offence, the place and time of its commission, whether it is a felony or misdemeanour and other facts, i.e. the grounds for the court’s decision set out in the statement. The sentence must then specify the specific penalty to be imposed on the accused, including its type, amount or length.
• A sentence on compensation for pecuniary or non-pecuniary damage or on the payment of unjust enrichment (e.g. obtained by theft), if the claim for compensation for pecuniary or non-pecuniary damage or for the payment of unjust enrichment has been duly asserted.
• An instruction on the right to lodge a statement of defence, including a warning that if the accused fails to lodge a statement of defence, he or she waives the right to have the case heard in the main trial.
• Instructing the injured party of the possibility of seeking satisfaction of a claim for compensation for damage or non-pecuniary damage caused by the offence or for the release of unjust enrichment obtained by the offence under the law on the use of funds from property penalties, if the criminal order imposes a property penal sanction.

How to resist a criminal warrant: file a resistance

A criminal order becomes effective (legally binding) if it is not resisted within the time limit. You must lodge a statement of opposition with the court that issued the order within 8 days of its delivery. If the criminal order is served on both the accused and his defence counsel, the time limit shall run from the later service. The accused, persons entitled to appeal on his behalf and the public prosecutor may lodge a statement of opposition.

The statement of opposition must be lodged with the court which issued the criminal order. A brief and clear written statement, which does not need to contain detailed reasons, is sufficient – a statement that the accused disagrees with the criminal order will suffice. Here is a sample of what such a statement of opposition might look like if you are sending it electronically:

Subject: Resistance to a criminal order

Hello,

I, [your name], born [date of birth], residing at [address], hereby submit my opposition to the criminal order issued on [date of the criminal order] by the District Court in [city], case number [file number of the criminal order].

Yours sincerely,

[signature]
[your name]

If the accused or the public prosecutor does not file a statement of opposition, the criminal order shall become final and effective. This means that the decision is final and the sentence is enforceable. If a defence is lodged, the order is automatically revoked and the court will order a main hearing to retry the case.

Although it is easy to file a resistance, it is already worthwhile to be represented by a lawyer in further criminal proceedings. A lawyer can help you with the right arguments as well as with obtaining evidence.

Example from our law practice

Mr Richter contacted us when he was served with a criminal warrant. The court imposed a fine and a driving ban. However, the client felt that the court had relied mainly on the police record and had not sufficiently considered the CCTV footage or the testimony of a witness who described the situation differently.

We first checked the date of service to ensure that the eight-day period for resistance had not lapsed. We then prepared a brief of resistance and at the same time began work on the defence for the main trial. We requested relevant documents, pointed out inconsistencies in the evidence to date and suggested the addition of evidence.

As a result, the case was not only formally dealt with according to the original criminal order after the filing of the resistance. The court had to re-examine the facts and the sentence imposed was considerably lighter after the hearing. In practice, it often turns out in cases like this that the most important thing is not just to file a resistance, but to prepare for what will follow.

Summary

A criminal order is a quick decision by the court which can be made without a trial. It is used in less serious criminal cases where the court considers that the facts have been proved reliably. However, it does not mean that the defendant has to accept the decision.

The basic defence against a criminal order is resistance. This is lodged with the court that issued the criminal order and the time limit is 8 days from service. The opposition does not have to be detailed, but it must be filed in time. Once the statement of opposition has been duly and timely lodged, the criminal order shall be revoked and the court shall order a main trial.

Before lodging a statement of opposition, it is advisable to consider not only the opposition to the sentence itself but also the further course of the proceedings. After the revocation of the criminal order, the case is retried and the court can evaluate the evidence, the testimony and the legal classification of the offence. Proper preparation of the defence therefore often determines whether a more lenient outcome, a change in the legal qualification or a completely different conclusion by the court is achieved.