The most important facts at a glance
- Average duration of proceedings: Appeal proceedings generally take between six months and two years, depending on the complexity of the case and the workload of the appeal court.
- Deadlines are crucial: The appeal must be lodged within one week of the judgment being handed down and must be substantiated within one month of the written judgment being served - these deadlines must be adhered to.
- Individual factors influence the duration: The complexity of the proceedings, the number of complaints asserted, the workload of the court and the quality of the legal representation have a considerable influence on the duration of the proceedings.
Why the duration of an audit is so important
For many of those affected, an appeal is the last chance to correct a criminal judgment that is perceived as unjust. After a stressful trial and a disappointing verdict, a phase of uncertainty begins. One of the most pressing questions that clients ask us in this situation is: How long will it take until there is clarity?
The duration of appeal proceedings has direct practical consequences. It not only affects the psychological stress of those affected, but also specific life circumstances such as career plans, family situations or the question of whether and when a possible prison sentence must be served. Anyone faced with the prospect of a prison sentence of several years will understandably want to know how long the legal review will take.
Legal basis: Overview of the appeal procedure
What is an audit?
An appeal on points of law is an extraordinary legal remedy against first-instance judgments of the regional courts and against second-instance judgments of the higher regional courts. In contrast to an appeal, the facts of the case or the question of guilt are not renegotiated in appeal proceedings. The court of appeal only reviews whether the contested judgment is based on a violation of the law.
This restriction to questions of law is fundamental to understanding the proceedings and their duration. The court of appeal does not take any evidence of its own, does not hear any witnesses and does not re-evaluate any evidence. Instead, it examines whether the court of first instance applied the statutory provisions correctly.
Competent courts
Jurisdiction for appeal proceedings is determined by the court against whose judgment the appeal is lodged:
- Federal Court of Justice (BGH)Responsible for appeals against first-instance judgments of the Higher Regional Courts and the Regional Courts (Section 135 (1) GVG)
- Higher Regional Courts (OLG)Responsible for appeals against local court judgments and against appeal judgments of the small and large criminal divisions (Section 121 (1) no. 1 GVG).
Time limits in appeal proceedings
The appeal procedure is subject to strict deadlines, compliance with which is crucial for success:
Time limit for filing (§ 341 StPO):
- One week after pronouncement of the judgment, if the defendant was present when the judgment was pronounced
- One week after service of the judgment if the defendant was not present when it was pronounced, provided that he was not represented by a defense lawyer with power of attorney at the time of pronouncement
Time limit for giving reasons (§ 345 StPO):
- One month after service of the full judgment
- Two months if the judgment has been filed twenty-one weeks after delivery
- Three months if the judgment was filed more than thirty-five weeks after it was pronounced
These deadlines are preclusive deadlines. If they are missed, the appeal is inadmissible and can no longer be lodged. The brevity of these deadlines makes it clear how important it is to seek legal advice immediately after a judgment has been handed down or, even better, before it is delivered.
Average duration of proceedings: realistic expectations
Six months to two years as a guideline
From our practice in appeal proceedings, we can confirm that the average duration of proceedings is between six months and two years. This wide range can be explained by a variety of factors that influence the course of proceedings.
In simpler cases where the legal issue is clear and only a few objections are raised, the court of appeal can decide within six to nine months. In complex white-collar criminal cases or proceedings with extensive procedural objections, the duration can extend to one and a half to two years or even longer.
Phases of the revision process
The total duration of an appeal procedure consists of several phases:
- File submission and preliminary review (4-8 weeks)After receipt of the grounds for appeal, the files are sent by the court of first instance to the public prosecutor's office. The latter in turn sends the files to the appeal public prosecutor's office.
- Opinion of the public prosecutor's office (4-12 weeks)The Public Prosecutor General's Office or the Federal Public Prosecutor General receives the files and submits an application for the defense's grounds for appeal. This phase can be considerably delayed if extensive files have to be worked through.
- Reporting and Senate decision (1-18 months)The rapporteur at the court of appeal prepares its decision. This is the most time-consuming phase of the proceedings.
- Scheduling and decision (2-8 weeks)After the preliminary work has been completed, a decision is either made by resolution without an oral hearing or a date is set for an oral hearing.
Factors that influence the duration of proceedings
Complexity of the case
The complexity of criminal proceedings has the greatest influence on the duration of the appeal. The following aspects increase the complexity:
Scope of the filesProceedings with several thousand pages of files require considerably more time just to review them. In white-collar criminal cases with extensive expert opinions and financial documents, reporting can take months.
Number of defendantsProceedings with several defendants are prolonged if several appeals are lodged against the judgment. The court must then consider all the grounds for appeal and take them into account in its decision.
Legal difficultyIf the legal issues raised raise fundamental or previously unresolved questions, the processing time will be extended. The court of appeal may then have to carry out extensive research and take into account the case law of other senates.
Nature of the complaints raised
Not all complaints are equally time-consuming to check:
Material complaintsThe examination of substantive legal errors is often less time-consuming as it concentrates on the legal assessment of the established facts. In the case of potential procedural obstacles, the examination can be more time-consuming. In this case, the files must be examined and, if necessary, investigations must be carried out using the open evidence procedure.
Procedural objectionsThe examination of procedural errors, on the other hand, often requires an extensive examination of the grounds for appeal.
Special case of complaints for clarification The examination of objections to clarification is particularly time-consuming. The appellate court must assess whether the court of first instance has fulfilled its duty to clarify the facts and whether further investigations would have been necessary.
Utilization of the Court of Appeal
The workload of the courts of appeal fluctuates considerably and influences processing times:
StaffingThe number of available judges and research assistants determines the capacity of the court. Vacation periods, illness or unfilled positions can lead to delays.
Input figuresThe number of newly submitted revisions is subject to fluctuations. If the number of incoming revisions increases, the processing times are extended accordingly.
PrioritizationCourts prioritize proceedings with imprisoned defendants or with particular urgency. Other proceedings then have to wait longer.
Quality of legal representation
The professionalism and experience of the defense has a direct influence on the duration of the proceedings:
Precise grounds for appealA clearly structured statement of grounds for appeal that focuses on the main legal errors makes the court's work easier and can shorten the processing time.
Completeness of the rebatesIf all relevant legal errors are already comprehensively explained in the grounds of appeal, no further questions or additions are necessary.
Avoiding hopeless reprimandsConcentrating on promising complaints reduces the examination effort for the court. A statement of grounds for appeal with numerous obviously unfounded complaints unnecessarily prolongs the processing time.
Visit our homepage for more information on criminal defense and how we can support you in your appeal proceedings.
Practical tips for those affected
Obtain legal advice immediately
The tight deadlines in appeal proceedings leave no room for delays. Immediately after a verdict, you should seek legal advice, ideally from a criminal law specialist with experience in appeal proceedings. Checking whether an appeal has a chance of success requires sound specialist knowledge and experience.
Develop realistic expectations
Be prepared for a longer waiting period. The uncertainty during appeal proceedings is stressful, but unavoidable. A realistic assessment of the expected duration helps to reduce the psychological strain.
Regular consultation with the lawyer
Arrange regular updates on the status of the proceedings with your lawyer. Even if there are often no new developments for a long time, this contact helps you to assess the situation and discuss options for action.
Personal and professional planning
Use the time of the appeal to plan your life realistically. Depending on the status of the proceedings and the prospects of success, you should make or postpone professional and private decisions.
No hasty decisions
Avoid rash decisions that depend on the outcome of the appeal. Particularly in the case of threatened prison sentences, you should discuss with your lawyer which steps are sensible and which should be taken after the appeal has been concluded.
Checklist: What you should know about the duration of your audit
Before filing the appeal:
- Check the chances of success of the appeal with your lawyer
- Clarify how long the procedure can realistically be expected to take
- Discuss the impact of the duration of the procedure on your personal situation
- Discuss whether a suspended sentence or parole should be applied for
During the appeal proceedings:
- Arrange regular updates with your lawyer
- Find out about the current status of the proceedings
- Check whether urgent applications (e.g. in detention cases) make sense
- Consult us about further legal steps
In the event of unusually long proceedings:
- Ask your lawyer about the status of the proceedings
- Check whether a delay complaint makes sense
- Consider an application for a detention review in detention cases
According to the decision of the Court of Appeal:
- Discuss the consequences of the decision with your lawyer
- Clarify whether further legal remedies are possible, e.g. constitutional complaint
- Plan the next steps (if annulled: new main hearing)
Patience and professional support are crucial
The duration of appeal proceedings cannot be predicted exactly, but the time frame of six months to two years provides a realistic guide. The waiting period is stressful for those affected, but it also offers the opportunity to have an incorrect judgment corrected.
Professional support from an experienced criminal law specialist is crucial for success. The quality of the grounds for appeal, the strategic orientation of the complaints and the competent representation in the proceedings have a decisive influence not only on the chances of success, but also on the duration of the proceedings.
We accompany you through all phases of your appeal proceedings and use our many years of experience to protect your rights in the best possible way. Contact us for an in-depth assessment of your situation and strategic planning of your appeal proceedings.
Frequently asked questions
As the defendant, you can only influence the duration of appeal proceedings to a limited extent. The most important factor is choosing an experienced defense lawyer who will prepare a precise and focused statement of grounds for appeal. Assisting in the procurement of documents and promptly responding to queries from your lawyer can also help to avoid delays.
If appeal proceedings are taking an unusually long time, you can ask your lawyer to enquire about the status of the proceedings at the court. If the proceedings are taking an unreasonably long time, you can consider lodging an appeal for failure to act. In detention cases, an application for a review of detention may also be promising if the proceedings are taking too long.
Proceedings involving imprisoned defendants are generally given priority by the appellate courts. However, the acceleration is not drastic, as a thorough legal examination is also required for detention cases. A processing time of six to twelve months is also not unusual for detention cases.
The deadline for filing an appeal can be extended upon request. However, once this deadline has expired, there are no further deadlines that could affect you as the defendant. The further processing time is at the discretion of the appeal court.
The court of appeal does not regularly inform the parties involved about the status of the proceedings. Only when a decision is made are you and your defense lawyer summoned or informed of the decision. However, your lawyer can inspect the files at any time to determine the status.
Longer phases without feedback are normal in appeal proceedings and do not mean that your case has been forgotten. The Court of Appeal works continuously on the review without this being visible to the outside world. A decision or scheduling is only made once the review has been completed.
If an oral hearing is held before the Court of Appeal, the judgment is usually delivered at the end of this hearing.
The various criminal divisions of the BGH do not necessarily have different average processing times. However, any differences cannot be influenced.
Regular contact at intervals of around two to three months is advisable in order to stay informed of any developments. Your lawyer will also contact you proactively if there is important news or if a decision is imminent.
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