Appeal procedure
Defense in the second factual instance
Defense in all phases of the appeal proceedings.
Analysis of the previous defense and improvement of the defense strategy.
Careful study of the files and expert defense in the main hearing.
- Specialist lawyer for criminal law
- Specialist lawyer for IT law
- Top rated by clients
- Over 15 years of experience
- Specialist lawyer for criminal law
- Specialist lawyer for IT law
- Top rated by clients
- Over 15 years of experience
Your appeal is our appeal
In the 2nd instance, we save what can be saved for you
Your rights in 3 steps!
Making contact and lodging an appeal
Appeals can only be lodged against local court judgments. The deadline for lodging an appeal is one week after a judgment has been handed down. It is therefore advisable to lodge the appeal before carefully examining its admissibility and prospects of success. There is rarely time for detailed advice within this period. It is only important that it is lodged within a week. If it is not lodged electronically by a defense lawyer, it must be lodged by the person concerned either in writing to the court of the contested decision or orally on the record at the court registry.
Appeal advice
The next step is to discuss the chances of success of the appeal and to develop a defense strategy. The appointment of a new defense lawyer in the appeal instance is usually due to the fact that a good defense did not take place in the first instance. Otherwise, the originally chosen defense strategy can be pursued with the defense counsel of the first instance in the appeal instance. Advice should therefore regularly be given as to how the defense strategy can be sensibly modified on the basis of the way the trial was structured up to the conclusion of the first instance.
Defense in the appeal instance
The appeal instance is another factual instance. The defense in this stage of the proceedings is therefore basically the same as in the main proceedings at first instance. Since the appeal instance is only followed by the revision, it is essential that all relevant applications and complaints are made in the main appeal proceedings so that procedural complaints can also be made in the revision instance. Thanks to our in-depth knowledge of appeal and revision law, we navigate safely through the legal requirements that appeal proceedings entail.
In which situations are we there for you?
We support you in working towards a favorable taking of evidence in the appeal instance. We question witnesses extensively and competently on the basis of an intensive study of the files. We file motions to introduce further evidence into the proceedings that may not yet have been considered. If necessary, we also summon witnesses and experts ourselves so that the court can only reject motions for evidence based on them with an increased amount of justification.
Insufficient taking of evidence
We support you in working towards a favorable taking of evidence in the appeal instance. We question witnesses extensively and competently on the basis of an intensive study of the files. We file motions to introduce further evidence into the proceedings that may not yet have been considered. If necessary, we also summon witnesses and experts ourselves so that the court can only reject motions for evidence based on them with an increased amount of justification.
Sentencing
We present the circumstances that speak in your favor for a lenient sentence and help you to create such circumstances. Often, not all circumstances that speak in favor of a favorable sentence are considered in the first instance, e.g. limited culpability when the crime was committed. You may also not have presented yourself in the best possible way in order to appear remorseful. It may be possible to create new circumstances before the main appeal hearing that mitigate the sentence, e.g. compensation for damages or admission to therapy. We will find the best options for you to achieve the most favorable sentencing in the appeal proceedings,
Appeal on points of law
In order to be able to assert procedural objections in the appeal, the court must have made procedural errors in the main appeal hearing. These often only come about on the basis of motions filed by the defense, in particular motions for the taking of evidence, objections to the use of evidence, factual motions and possibly even motions for recusal. We file all necessary motions in order to optimize the chances of success for the appeal.
Assistance in your case
What services do we offer?
Comprehensive case analysis
Once the appeal has been lodged, we begin with a detailed analysis of your case in order to assess the prospects of success of an appeal. We will show you realistically what goals are achievable and how we can work towards them.
Goal-oriented consulting
Our clients receive personal advice at all times. If you need to take steps to improve your initial situation, we will show you how to go about it. If you have difficulties presenting yourself in court, we will conduct testimony coaching sessions with you to make this easier for you.
Professional defense
The defense in court is one of the decisive aspects of successful appeal proceedings. We guarantee you a professional defence that is optimally prepared and organized.
Why are we the right ones?
With a deep understanding of the conditions of the appeal process, we put our extensive experience and specialization at the service of our clients. Our track record speaks for itself. Countless favorable outcomes of appeal proceedings are proof of our capabilities.
- Experience: We can draw on years of experience.
- Specialization: Our specialization in auditing law makes us effective.
- Achievements: A proud record of successful appointments underpins our expertise.
We believe in an individualized approach to defense because no two cases are the same. We are convinced that our commitment and adaptable defense strategy is the key to a successful appeal. Our promise is to guide you through the appeals process with care and precision.
Frequently asked questions
During the initial assessment, our experts analyze your case in order to evaluate the prospects of success of an appeal. You will receive an overview of whether you can still lodge an appeal and whether this makes sense in your case.
Defense costs vary depending on the complexity of your case. We offer a transparent pricing structure and discuss all fees in advance to avoid surprises.
You will usually receive a response to your inquiry within 24 hours on working days. Our aim is to help you quickly and efficiently.
Our cooperation begins with an initial assessment of your case, after which an appeal may be lodged at short notice. We then work together to develop a comprehensive defense strategy, which we then implement in the main appeal hearing.
The appeal procedure is an appeal that can be lodged in criminal law against first-instance judgments of the local court, regardless of whether they were handed down by a criminal judge or the lay assessor's court. This is a further factual instance.
An appeal can be lodged at any time against a first-instance judgment by the local court. It is particularly recommended if you are of the opinion that the taking of evidence was to your disadvantage and should be repeated or if you are dissatisfied with the sentencing.
The deadline for lodging an appeal is one week from the date of the oral pronouncement of the judgment. The appeal must be lodged in writing or on record at the court registry.
No documents are required for the appeal procedure. We will obtain the files of your proceedings, from which we will learn everything we need to know. If we need any documents from you, we will let you know.
The costs depend on various factors, especially the complexity and scope of the proceedings. Legal fees are incurred as well as other court costs. In addition, there is a particular risk that the costs of the proceedings will be increased by considerable expenses incurred by experts.
In appeal proceedings, new evidence can be introduced without restriction in accordance with the rules of evidence of the Code of Criminal Procedure. This should also be made use of, as the appellate courts are often inclined to merely repeat the program of evidence of the first instance.
If only the defendant appeals, but not the public prosecutor's office, the “prohibition of deterioration” applies: the judgment cannot deteriorate on appeal. However, if the public prosecutor's office (also) appeals against the first-instance judgment, the judgment may deteriorate on appeal to the disadvantage of the defendant.
Yes, an appeal can be lodged with the competent higher regional court after the appeal.
SITTIG LAW offers comprehensive support in appeal proceedings, from the initial assessment to strategic litigation and defense in court. We analyze your case in detail, advise you individually and are committed to defending your interests in order to achieve the best possible result for you.
German 
English