SITTIG LAW

+49 40 808 125 550
SITTIG LAW Law Firm Blog

Can you appeal to the Supreme Court after an appeal?

The article explains when an appeal, revision, or leapfrog revision is the appropriate legal remedy in criminal proceedings. While an appeal allows for a renewed examination of facts, the revision court exclusively reviews legal errors. A leapfrog revision bypasses the appeals court. Which procedure is advisable should be reviewed by an attorney early on.
Read more
Read more
Contact us now
Table of Contents

Appeal and revision: What is the difference?

Many affected individuals ask themselves after a criminal conviction what options they have to challenge the decision. The question that arises particularly often is: Is it possible to file an appeal after an appeal has been filed? The short answer is: Basically yes. Exceptions exist only in cases of so-called conditional appeals. Appeals and revisions pursue different objectives in criminal proceedings.

The Appeal

An appeal allows for a comprehensive review of the judgment. This means:
  • New taking of evidence, on the basis of which a judgment is issued
  • Witnesses can be heard again.
  • Experts can be heard again.
  • The appellate court can assess the facts differently than the court of first instance.
The appeal is generally filed after a court of first instance ruling when one wishes to bring about a new decision based on a new taking of evidence. The appeal is a further factual instance. The appellate court not only reviews legal questions but can re-evaluate the entire factual situation.

The revision

In the appeal, only potential legal errors are reviewed. Typical grounds for appeal are, for example:
  • Procedural violations,
  • incorrect application of criminal norms,
  • unlawful use of evidence,
  • Violations of the right to be heard,
  • or error in sentencing.
A new examination of evidence generally does not take place in appellate review proceedings. The appellate review court primarily examines whether the judgment contains legal errors. For this very reason, appellate review is often significantly more technical and formally stricter than an appeal.

Appeals or revisions are possible against which judgments?

Here a precise distinction must be made.

Judgment of the Local Court

Against judgments of the Local Court, there are generally two possible legal remedies:
  • Calling
  • or a further appeal on points of law pursuant to Section 335 of the Code of Criminal Procedure.
The direct appeal means that the appellate court is skipped, and the judgment is attacked directly with the appeal. The important thing here is that a regular appeal and a direct appeal generally exclude each other with regard to the same judgment. If a regular appeal is filed, a simultaneous direct appeal is no longer possible. If one party files a regular appeal and another files an appeal, the appeal is generally treated as a regular appeal according to § 335 (3) of the German Code of Criminal Procedure (StPO).

When is an appeal worthwhile?

An appeal is particularly useful when the facts are to be reviewed again. This applies, for example, to cases in which:
  • the witness testimonies were contradictory,
  • the credibility of witnesses is to be attacked,
  • the court did not sufficiently consider mitigating circumstances,
  • new evidence is available,
  • or the factual findings appear to be flawed overall.
The appeal is regularly the appropriate legal remedy, especially if the assessment of evidence is to be challenged or a new taking of evidence is to be achieved. This is because only in an appeal can the court re-examine the facts of the case completely.

A revision is useful when

The appeal is particularly suitable when no new factual review is required. This is particularly the case when:
  • only legal issues are to be clarified or
  • the application of law par excellence appears to be flawed.
If it is solely about legal errors and not about a new examination of evidence, an appeal or a direct appeal to a higher court is often considered. However, an appeal is associated with high formal requirements. Grounds for appeal must be precisely formulated. Even minor formal errors can lead to the appeal being dismissed as inadmissible.

The jump revision

A special form of revision is the so-called "Sprungrevision" (appeal to the highest court). In this case, the appellate instance is deliberately skipped. The Sprungrevision is legally regulated in § 335 of the Code of Criminal Procedure (StPO). The Sprungrevision can be strategically sensible if:
  • no new evidence is necessary,
  • the facts are established anyway,
  • and exclusively legal questions are at the center.
Typical examples:
  • incorrect application of a criminal offense,
  • Exploitation prohibitions,
  • Incorrect choice of penalty range,
  • Procedural violations,
  • or violations of defense rights.
The advantage: Depending on the circumstances, a jump revision can speed up the proceedings, as the factual instance of the appeal is skipped.

Specific Features of Juvenile Criminal Law (JGG)

There are some special considerations in juvenile criminal law. Unlike general criminal law, juvenile criminal law places a stronger emphasis on educational aspects. This can also affect the choice and prospects of success of legal remedies. Especially in juvenile criminal law, it must be carefully examined whether a new factual review is advisable or whether only legal issues should be challenged. In addition, special procedural rules apply under the Juvenile Court Act (JGG) in some cases.

Deadlines in criminal proceedings

Appeals and revisions have strict deadlines.

Calling

An appeal must generally be filed within one week of the judgment being pronounced.

Appeal on points of law

The audit must fundamentally:
  • put up within a week
  • and must be substantiated within one month of service of the judgment.
The deadline for stating the grounds of appeal regularly begins with the service of the written judgment. Missed deadlines can lead to the judgment becoming legally binding.

Strategic Decision: Appeal or Cassation?

The appropriate procedure always depends on the individual case. The following are particularly crucial:
  • the prospects for success,
  • the existing evidence,
  • possible legal errors,
  • the process goal,
  • and the question of whether a new trial is desired or advisable.
In many cases, the decision between an appeal and a leapfrog appeal is a strategic turning point of considerable importance for the further course of criminal proceedings. Especially in complex proceedings, it should be examined early on which legal remedy offers the better prospects of success.

Action recommendation

Appeals against judgments of a district court are generally possible through either appeal or leapfrog appeal. An appeal generally only reviews errors of law. If an appeal is filed first, this generally precludes a simultaneous leapfrog appeal against the same judgment. After an appellate judgment, an appeal on a point of law can subsequently be filed. Whether an appeal, an appeal on a point of law, or a leapfrog appeal is advisable always depends on the specific circumstances of the individual case and should be reviewed by a lawyer at an early stage.
Frequently asked questions
The audit exclusively checks Legal error, in particular: incorrect application of laws and procedural errors.
Yes, fundamentally, this is possible. However, the revision is subject to strict requirements.
Whether a revision is worthwhile depends on whether:
  • a relevant legal error exists
  • the decision deviates from the case law
  • a fundamental legal question is involved
  • strategic reasons exist, e.g., to avoid direct liability

Further contributions

SITTIG LAW
Hamburg location
Head office
Martinistrasse 11
20251 Hamburg
Phone: +49 (0) 40 808 125 550
Fax: +49 (0) 40 808 125 559
Kassel location
Branch office
Motzstrasse 1
34117 Kassel
Phone: +49 (0) 561 510 053 80
Fax: +49 (0) 561 510 053 99
Frankfurt location
Branch office
Oeder Weg 11
60318 Frankfurt am Main
Phone: +49 (0) 69 710 471 070
Fax: +49 (0) 69 710 471 079
Law firm
Criminal defense
Further skills
SITTIG LAW
Lawyer.
Specialist lawyer for criminal law.
Specialist lawyer for IT law.

[email protected]​
Hamburg location
Head office
Martinistr. 11
20251 Hamburg
Tel: +49 (0) 40 808 125 550
Fax: +49 (0) 40 808 125 559

Contact form