The most important facts at a glance
- Strict time limits: The appeal must be filed within one week of the judgment being pronounced and the grounds for appeal must be submitted within one month of the written judgment being served – Failure to comply will result in inadmissibility.
- No new factual instance: the appellate court exclusively reviews legal errors, not new evidence or facts – the strategy for the grounds of appeal is therefore crucial.
- High success requirements, but realistic chances: Well-founded appeals often achieve at least a sentence reduction or a remand.
Why the revision in criminal law is so significant
A legally binding criminal judgment can fundamentally change a person's life – professionally, socially, and personally. However, even after a conviction in the first or second instance, the last word is not necessarily spoken. Revision in criminal law opens up the possibility of having a judgment reviewed for legal errors by a higher court.
The process of an appeal in criminal law is complex, bound by strict deadlines, and requires deep procedural knowledge. Those who understand the mechanisms of this legal remedy can significantly improve their chances.
Legal Basis: What is Revision in Criminal Law?
The revision is an extraordinary legal remedy in German criminal procedure law and in the §§ 333 to 358 of the Code of Criminal Procedure (StPO) regulated. It is directed against judgments of the regional and higher regional courts and, in certain cases, against judgments of the local courts.
In contrast to an appeal, the revision No further fact-checking instead. The appellate court examines exclusively whether the challenged judgment is based on Legal error is based. The Code of Criminal Procedure distinguishes between:
- Procedural complaintIt is alleged that the court violated procedural rules during the hearing or judgment – for example, through incorrect evidence collection, violation of the right to be heard, or errors in the composition of the court.
- Material complaintIt is criticized that the substantive law was misapplied – for example, that the established facts were legally assessed incorrectly or that the penalty range was wrongly determined.
The exact procedure of an appeal in criminal law – step by step
1. Filing of the appeal
The first and most time-critical step is the Filing of the appeal. It absolutely must be within one Week after verdict announcement filed in writing with the court of origin (the court that rendered the judgment) or registered with the court registry.
This deadline is absolute. Reinstatement is only possible under strict conditions, such as an unavoidable delay due to illness or insufficient legal advice.
2. Delivery of the written judgment
After the filing, the accused or their lawyer waits for the Delivery of the fully reasoned judgment. The period for filing the grounds for appeal only begins with this service.
The written preparation of the judgment can take weeks or months in complex proceedings. During this time, the defense should strategically prepare the judgment and thoroughly analyze the main hearing minutes and evidence.
3. Justification for Revision
The The period for submitting a statement of reasons for appeal is one month. from the delivery of the written judgment. Within this period, the appellant must file the grounds of appeal with the court that rendered the decision.
The justification is the core of the appeal. It must be precise, complete, and legally sound. In particular:
- Procedural objections must be fully substantiated. This means that all facts proving the procedural error must be presented without gaps. Missing or incomplete information will lead to the inadmissibility of the objection.
- The material objection although it does not require a detailed explanation to be admissible, a detailed explanation significantly increases the chances of success.
The appellate court later only reviews those objections that were properly raised.
If you are unsure whether your judgment contains reversible legal errors, we are available for an initial legal assessment.
4. Prosecution's Statement of Opposition
Upon receipt of the statement of grounds for appeal, the presiding court forwards the files to the public prosecutor's office at the court of appeal. This office is given the opportunity to Counter-explanation to be submitted. The public prosecutor's office can dismiss the appeal as unfounded or – which is rare, but possible – file motions in favor of the defendant itself.
5. Dismissal Without a Main Hearing or Scheduling of the Main Revision Hearing
The appellate court first examines whether the appeal Permitted is. If it is not (e.g. due to missed deadline or faulty grounds), it will be rejected as inadmissible by court order.
If the appeal is permissible but, in the unanimous opinion of the appellate court, obviously unfounded, it may, upon application by the public prosecutor's office, be unanimous decision to be rejected.
If the appellate court considers the appeal to be well-founded, it can also set aside the judgment by order – or it can proceed to a public appellate hearing.
6. The Main Appeal Hearing
In the main appeal hearing, the defense and the prosecution present their arguments orally. No new evidence is presented; it is exclusively about legal questions. The hearing is significantly shorter than a main hearing in the first instance.
7. Decision of the Appellate Court
The appellate court can:
- The revision reject (the contested judgment stands)
- The Verdict Reverse and remand – the regional court or another court must then rehear the case
- The Verdict To set aside and decide on the merits – this is possible if only the sentence is affected and no other decision in the case is still applicable
A complete annulment with acquittal by the appellate court is rare, but possible, for example, if the established facts do not constitute a criminal offense.
Practical tips for those affected
Act immediately, don't wait.. The one-week period for filing an appeal begins on the date the judgment is announced. Seek legal advice immediately after the judgment.
2. No hasty explanations. After the verdict, defendants should not make any public statements about the case that could burden the appeal.
Request the main hearing record. The meeting minutes are important for reviewing procedural objections. Insist on a complete record of critical events.
4. Revision only with an experienced criminal defense attorney. The formal requirements for a revision petition are high. In particular, the procedural objection requires a complete factual account – even a single missing detail renders the objection inadmissible. Cassations filed in a layman's manner have almost no chance of success.
5. Assess realistic prospects of success. Not every judgment contains errors that can be appealed. An experienced criminal defense attorney can analyze the judgment for actually appealable points and provide a realistic assessment.
SITTIG LAW guides clients through all levels of court – from the main trial to appeals. Contact us.
Checklist: What to do after a criminal conviction
- Immediately after the verdictNote the date of the promulgation. The one-week period begins from this moment.
- Within 24 hoursContact a lawyer specializing in criminal law.
- Lodge an appealHave your lawyer file an appeal with the court in a timely manner.
- Await judgment deliveryInform your lawyer immediately after receiving the written verdict.
- Compile documentsProvide your defense attorney with all relevant documents, notes from the main hearing, and any other information.
- Have the main hearing transcript reviewedYour defender should check the record for completeness and accuracy.
- Submit appeal grounds on timeThe one-month deadline from the date of service of the judgment is absolute.
- Waiting for the decision of the appellate courtAvoid public statements on the proceedings during this time.
- Review of the respondent's explanation against the requested dismissalIf the public prosecutor's office requests that the appeal be dismissed by decree, you have two weeks to object.
Reinvention as a realistic opportunity – when managed correctly
The appeals process in criminal law is clearly regulated but demanding. Formal errors, missed deadlines, or incomplete objections can cause even well-founded appeals to fail. At the same time, practice shows that a carefully prepared appeal can correct verdicts, reduce prison sentences, or even lead to acquittals.
Crucially, early cooperation with an experienced criminal defense attorney is essential. They will analyze the verdict for reversible errors and meticulously prepare the grounds for appeal. While an appeal is not a guaranteed success, it is not a lottery when handled professionally.
If you have received a criminal conviction and want to know if an appeal is likely to be successful, contact SITTIG LAW. We will analyze your judgment and provide you with a well-founded, honest assessment of your options.
Frequently asked questions
The appeal must be filed with the court of judgment within one week after the pronouncement of the judgment. This deadline is absolute and cannot generally be extended.
The appeal itself can be filed formally without a lawyer (by lodging it with the registry) as can the submission of the grounds for appeal. In practice, legal representation from the outset is strongly recommended.
The costs depend on the complexity of the procedure, the amount in dispute, and the fee model of the instructed lawyer. As a general rule, an appeal is associated with considerable effort.
This varies greatly. Procedures can take several months to over a year. The duration depends on the complexity and the court's workload.
In most cases, the judgment is overturned and the matter is remanded to a court for a new trial. In some cases, the appellate court decides the case itself – for example, in cases of sentencing errors.
Absolute grounds for revision according to § 338 StPO always lead to the annulment of the judgment, without examining whether the judgment is based on the error. Examples: incorrect court composition, violation of public hearing, absence of a defense attorney in cases of necessary participation.
No. The appellate court is bound by the facts established by the trial court. New evidence cannot be introduced. For this, a retrial is available as a separate instrument, if applicable.
The appeal is a full second instance of fact-finding – the court re-hears the case. The revision only reviews legal errors of prejudice, not new facts or evidence.
After a final appellate decision, ordinary legal remedies are exhausted. Possible recourse then includes a constitutional complaint to the Federal Constitutional Court (in case of violation of fundamental rights) as well as an appeal to the European Court of Human Rights. In certain constellations, a retrial may also be considered.
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