The most important facts at a glance
- The appeal is the final instance in a criminal proceeding. Once this stage of the proceedings is concluded, there are only very limited possibilities to alter a verdict. As a rule, however, this also requires that an appeal has been lodged and that a defense has been presented.
- The primary legal basis for the right to appeal to the Federal Court of Justice is the case law of its criminal divisions. Statistically speaking, appeals have a success rate of no more than 15%. To successfully pursue an appeal, comprehensive legal knowledge and experience before the higher courts are required,
- Our firm specializes in filing appeals in criminal law and successfully defending clients in the appellate instance. We also provide advisory support to you or your defense counsel even during the initial proceedings to create the best possible chances for a successful appeal.
What is the cost of filing an appeal in criminal law?
How much it costs to file an appeal depends on what is agreed upon with the defense.
The actual work in the appellate instance falls to the defense in the preparation of the grounds of appeal. The filing is done with only a short brief to the court whose decision is being challenged.
For the assertion of factual objections, the defense reviews the court's written judgment for errors in the application of substantive law.
For the assertion of procedural objections, the defense reviews the entire procedural files for errors in the application of formal law.
The raising of procedural objections is subject to high formal requirements. They must be drafted in such a way that the appellate court can review, solely from the grounds of appeal and without recourse to other documents, whether the challenged judgment suffers from a legal error.
Although appeals are not formally very difficult, they do require an exact study of the challenged judgment as well as comprehensive knowledge of the case law of the Federal Court of Justice and the Higher Regional Courts.
Statutory fees
The Lawyers' Compensation Act (RVG) provides for a fee range of EUR 132.00 to EUR 1,221.00 for a defense in the entire appellate instance. If the defendant is in pre-trial detention, the fee range is EUR 132.00 to EUR 1,526.00.
Additionally, expenses and value-added tax will be added.
In special cases only, a selected defense counsel can fully utilize the fee range and charge the maximum fee. As a rule, they receive the so-called elective defense counsel fees, meaning the arithmetic mean of the minimum and maximum rates. According to the RVG, these are EUR 676.50 and EUR 829.00, respectively.
For a main hearing in the revision stage, the fee range is €132.00 to €616.00 or €132.00 to €770.00 in cases of pre-trial detention. The defense attorney fees for this are therefore €374.00 or €451.00, respectively.
Including expenses and VAT, the defense attorney can charge a maximum of EUR 1,547.00.
The fee for defense in the instance already covers the filing of the revision. Therefore, no separate fees will be incurred for this.
Fee Agreement
The statutory fees can neither adequately reflect the considerable effort expended by the defense in preparing the appeals brief itself nor the ongoing legal education in criminal law required for it.
Defense attorneys therefore typically work on a fee-per-hour basis during the appeal process.
Previously, it was common to charge lump-sum fees for assessing the prospects of success, drafting the grounds for appeal, and defending in the oral appellate hearing.
In the meantime, the Federal Court of Justice has ruled that a lawyer must prove that the agreed-upon fee is not unreasonably high if it exceeds the statutory fees in criminal law by more than five times.
Many lawyers have therefore switched to billing on an hourly basis, even in the appellate instance.
As a result, this is also the fairer solution for the client, as they pay the lawyer based on their workload.
Fair cost structure
We also bill based on an hourly rate.
We are discussing with you at any time
- What services can we offer you
- how promising they are individually and
- What is the expected time commitment involved.
You can then decide for yourself how much effort you incur for our defense. This way, you always have an overview of your costs.
Early consultation saves costs
Ideally, you should contact us from the beginning of your main proceedings if you are considering an appeal, in the event that you are convicted against your expectations.
Even during the main hearing, we can prepare motions for your defense to ensure that procedural objections can be validly raised in the appellate instance.
This may save you the trouble of filing an appeal altogether, as a corresponding course of action at the lower court may already prompt the court to make a decision in your favor.
Contact us no later than when you have been convicted. Do not wait until you have been served with the judgment.
We can then already contact your current defense counsel and request the documents and files that we need to assess the prospects of success and thus also to estimate the required effort. This will also allow us to be introduced early to the procedural matters relevant to the appeal.
Often, the main hearing and the oral explanation of the verdict already indicate which arguments are most likely to be successful in an appeal.
The sooner we can address your case and the better we are supported, the faster the review of the judgment and any procedural objections will proceed.
Frequently asked questions
An appeal doesn't have to be expensive. Sometimes the court makes trivial errors that are easy to spot and object to. In these cases, an appeal may even be achievable at approximately the statutory fees.
When do I have to pay for the defense in the appellate instance?
In criminal defense, it is customary to charge retainers. You must therefore pay the estimated costs for the upcoming work in advance. We do not begin work until the retainer has been received.
Are the costs of an audit estimable?
Yes. Depending on the scope of the judgment and the court files, and also depending on which objections are being considered and which you wish to plausibly assert, we can relatively accurately estimate the likely costs involved.
Will I get my lawyer's fees back if the appeal is successful?
Attorney fees for revision are considered necessary expenses. These are to be reimbursed by the state treasury to the extent that a defendant is acquitted. However, only the fees incurred according to the Lawyers' Compensation Act are to be accounted for. Therefore, even with a full acquittal, you will only be reimbursed for a fraction of the fees actually incurred.
Is it advisable to spend a lot of money on a revision?
Ultimately, everyone must answer this question for themselves. If there are prospects of success for individual complaints, an appeal is certainly the last resort to assert one's rights.
Exhausting the legal remedies before the appellate court is the prerequisite for invoking further fundamental and human rights before higher courts,
- the censure of the violation of fundamental rights in the course of a constitutional complaint before the Federal Constitutional Court,
- the censure of the violation of fundamental rights from the Charter of Fundamental Rights of the European Union or the violation of other European law before the European Court of Justice, as well as
- the reprimand for the violation of human rights before the European Court of Human Rights.
What options do I have if I haven't filed an appeal?
If no appeal is filed, the only option left is a retrial. However, successfully conducting such proceedings is even more difficult than succeeding with an appeal.
Is SITTIG LAW the right firm to file an appeal with?
Yes. We have years of experience in audit law.
Is SITTIG LAW more expensive than other law firms for filing appeals?
The SITTIG LAW firm and attorney Markus Sittig are just as expensive as other experienced attorneys in the field of criminal appeals.
Can I learn more about revisions?
Yes. Especially if you are a fellow lawyer, you can do one of the Seminars by Attorney Markus Sittig on Revision Law attend. The seminars are offered by https://novus-seminare.de/
An appeal doesn't have to be expensive. Sometimes the court makes trivial errors that are easy to spot and object to. In these cases, an appeal may even be achievable at approximately the statutory fees.
When do I have to pay for the defense in the appellate instance?
In criminal defense, it is customary to charge retainers. You must therefore pay the estimated costs for the upcoming work in advance. We do not begin work until the retainer has been received.
Are the costs of an audit estimable?
Yes. Depending on the scope of the judgment and the court files, and also depending on which objections are being considered and which you wish to plausibly assert, we can relatively accurately estimate the likely costs involved.
Will I get my lawyer's fees back if the appeal is successful?
Attorney fees for revision are considered necessary expenses. These are to be reimbursed by the state treasury to the extent that a defendant is acquitted. However, only the fees incurred according to the Lawyers' Compensation Act are to be accounted for. Therefore, even with a full acquittal, you will only be reimbursed for a fraction of the fees actually incurred.
Is it advisable to spend a lot of money on a revision?
Ultimately, everyone must answer this question for themselves. If there are prospects of success for individual complaints, an appeal is certainly the last resort to assert one's rights.
Exhausting the legal remedies before the appellate court is the prerequisite for invoking further fundamental and human rights before higher courts,
- the censure of the violation of fundamental rights in the course of a constitutional complaint before the Federal Constitutional Court,
- the censure of the violation of fundamental rights from the Charter of Fundamental Rights of the European Union or the violation of other European law before the European Court of Justice, as well as
- the reprimand for the violation of human rights before the European Court of Human Rights.
What options do I have if I haven't filed an appeal?
If no appeal is filed, the only option left is a retrial. However, successfully conducting such proceedings is even more difficult than succeeding with an appeal.
Is SITTIG LAW the right firm to file an appeal with?
Yes. We have years of experience in audit law.
Is SITTIG LAW more expensive than other law firms for filing appeals?
The SITTIG LAW firm and attorney Markus Sittig are just as expensive as other experienced attorneys in the field of criminal appeals.
Can I learn more about revisions?
Yes. Especially if you are a fellow lawyer, you can do one of the Seminars by Attorney Markus Sittig on Revision Law attend. The seminars are offered by https://novus-seminare.de/
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