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How many times can an appeal be filed?

The revision procedure can only be carried out once per instance. The appellate court exclusively reviews legal errors – not new facts. This article from Kanzlei Sittig explains what happens after a remand, why most appeals fail due to formal requirements, and why preparation must begin during the main hearing.
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The appeal: No second try in court

The revision process is the last glimmer of hope for many clients after a criminal conviction – and at the same time, a frequently misunderstood legal remedy. A question we as criminal defense attorneys are regularly asked is: How many times can you actually file for revision? The answer is legally precise and often surprising to clients in practice. First, an important clarification: Revision is not a second factual instance. This means that the revision court – usually the Federal Court of Justice (BGH) or the respective Higher Regional Court (OLG) – does not review the contested judgment completely again. No new witnesses are heard, nor are pieces of evidence re-evaluated. The revision court exclusively examines whether the previous court's judgment is based on a legal error. Therefore, it is also referred to as a pure legal instance. A distinction is made between two types of complaints:Objection regarding facts The substantive law was misapplied, for example, an incorrect legal classification of the established facts.Procedural objection The court violated procedural rules in the proceedings, for example, violation of the right to present evidence, errors in the composition of the court, or violations of the principle of a fair trial.

How often is revision possible?

As a general rule: The appeal can only be lodged once per instance path. Following a ruling by the Regional Court (LG), whether it's in the first instance or as an appellate instance against a district court ruling, the path to appeal is open. However, this avenue of appeal is not infinitely repeatable.The appeal is not a repeatable legal remedy. Whoever lodges an appeal has exactly one opportunity to do so—and must make the most of that chance.

What happens after a successful appeal?

Here lies a central point that is often overlooked in practice: If the appellate court upholds the appeal, it will reverse the judgment and generally remand the case back to the lower court for a new trial. The new proceeding will then be considered a so-called „second first instance“ is designated. This means that, depending on the extent to which the judgment was overturned, a new main hearing will take place – possibly with witness testimonies, taking of evidence, and a new evaluation of evidence. An appeal against the judgment of this second main hearing is again possible. Theoretically, this cycle can be repeated several times, but in practice this is very rare and requires that new legal errors were made in each decision.

Three possible outcomes of the revision

The appellate court can make three different decisions upon review:Rejection of the appeal as unfounded: The judgment stands. The appeal was unsuccessful.Annulment and Remand The judgment is overturned, and the case is remanded to the lower court for retrial (the so-called „second first instance“). An appeal is possible again against the new judgment.Acquittal by the appellate court: This is the rare exception – a reversal by the appellate court is only possible if the established facts do not constitute a criminal offense (grounds for appeal on the merits applies). The appellate court does not make its own findings of fact.

Why do most appeals fail and what does that mean for your defense?

The vast majority of appeals fail. This is not because the grounds for appeal are factually incorrect, but because the formal requirements are extraordinarily high. The procedural objection, in particular, is a real challenge:A procedurally flawed appeal is inadmissible—and therefore worthless. In such cases, the appellate court will not even review it on its merits. Even the smallest formal errors in the grounds for appeal can cause the entire objection to fail.This means: The appeal is a highly complex, formal legal remedy. Success depends crucially on whether the right course was set in the first instance proceedings – through timely objections, requests for evidence, and challenges during the main hearing.

The procedural objection: Preparation begins in the first-instance proceedings

Many clients wonder why we, as criminal defense attorneys, file certain motions or raise objections during the main hearing, the significance of which only becomes clear later. The reason is simple: A procedural objection in the appeal can only be effectively raised if the procedural error that is objected to actually occurred and – as is required in many cases – was already objected to or at least documented during the main hearing. Anyone who, as a criminal defense attorney, has the appeal in mind is already working towards it during the main hearing. Revision is therefore not a last-minute solution, but a strategic tool that must be considered from the outset.

Revision — once, but strategically

Revision can only be filed once per instance path. After a successful revision and referral back to the previous instance, a new procedure, so to speak, begins, with a renewed possibility of revision. A direct acquittal by the appellate court is the absolute exception. What matters is: Revision is a demanding, formidably strict legal remedy. Only a precisely reasoned, skillfully impeccable statement of grounds for revision with correctly raised procedural objections and substantiated factual grounds has realistic chances of success. As a specialized criminal defense law firm, we do not just support you on the path to revision – we begin with revision-related planning from day one of your defense. Contact us.
Frequently Asked Questions
No. The revision is not a general appeal against every judgment in German law. It is only permissible in cases provided for by law, in particular against judgments of the Regional Courts and Higher Regional Courts, and in certain cases also against decisions of the Local Courts, if it is allowed.
The audit can basically only be filed once per instance decision. This means: An appeal can only be filed An appeal may be lodged once. A „repeated“ appeal against the same judgment is not possible.
No. If the appeal is dismissed as inadmissible or rejected as unfounded, the legal remedy is exhausted. A further appeal against the same decision is excluded.
  • Vocation complete new review of facts and law
  • Revision: review for legal errors only, no new evidence
Thus, the appeal is significantly more limited than the review.

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