Appeal in Criminal Proceedings | Competent Nationwide Defense
The appeal gives you the opportunity to have a first-instance judgment reviewed by a higher court.
It is one of the most important legal remedies in criminal law to correct or mitigate wrong decisions.
As your defense lawyer, I will ensure that your rights are protected in the second instance and that the best possible outcome is achieved.
Table of Contents
- What is an Appeal?
- Which Judgments Can Be Appealed?
- Deadlines and Formal Requirements
- Difference Between Appeal and Revision
- Course of the Appeal Proceedings
- Your Rights During Appeal
- Strategies and Chances of Success
- Costs of an Appeal
- When Is an Appeal Worth It?
- Frequently Asked Questions
- Contact – Have Your Appeal Reviewed
What is an Appeal?
An appeal is a legal remedy against judgments of the District Court (Amtsgericht) – against decisions of a single judge or a lay judge panel.
The entire case is re-examined, both in fact and in law.
That means:
✅ The judgment is reviewed not only for legal errors but also for factual findings.
✅ New evidence can be submitted.
✅ New witnesses can be heard.
✅ The court makes a new decision on guilt and sentencing.
The appeal is therefore a complete second trial – your chance to correct mistakes from the first instance.
Which Judgments Can Be Appealed?
You can file an appeal against:
- Judgments of a single judge at the District Court (Strafrichter)
- Judgments of the lay judge panel at the District Court (Schöffengericht)
Against judgments of the Regional Court (Landgericht), however, only revision is possible.
⚠️ Note: Against penalty orders (Strafbefehl) only an objection (Einspruch) is allowed, not an appeal!
Deadlines and Formal Requirements
Strict deadlines apply to appeals:
- Filing deadline: 1 week after pronouncement of the judgment
- Reasoning deadline: 1 month after delivery of the written judgment
The appeal must be filed either by your lawyer or by yourself at the District Court that issued the judgment.
Form: in writing or orally for the record at the court office.
⚠️ Missing these deadlines will make the judgment final.
Difference Between Appeal and Revision
Many clients confuse appeal and revision. The key differences:
| Appeal | Revision |
|---|---|
| Both facts and legal issues reviewed | Only legal issues reviewed |
| New evidence admissible | No new evidence allowed |
| Judgment can be changed in substance | Judgment only upheld or overturned |
The appeal is usually the better option if factual errors need to be corrected.
Course of the Appeal Proceedings
The course of appeal is regulated by the German Code of Criminal Procedure:
-
Filing the appeal
– Timely declaration to meet the deadline. -
Statement of grounds
– Which aspects of the judgment are challenged?
– Which evidence should be re-examined? -
Date of the appeal hearing
– Before the Regional Court (Landgericht) in a small criminal chamber. -
Taking of evidence
– Witnesses, experts, new documents. -
Closing arguments
– Speeches by prosecution and defense. -
Final word of the defendant
-
Pronouncement of the judgment
– Confirmation, modification, or annulment of the first-instance judgment.
Your Rights During Appeal
You retain all important rights:
✅ Right to defense
✅ Right of access to the case files
✅ Right to file motions for evidence
✅ Right to the last word
✅ Right to a reasoned judgment
As your lawyer, I will safeguard these rights at every stage.
Strategies and Chances of Success
The appeal is your second chance. Strategic aspects include:
- Review of evidence assessment – Were witness statements inconsistent?
- New evidence – Are there new documents or witnesses?
- Procedural errors – Were rules of procedure violated?
- Mitigating circumstances – e.g. compensation of damages after trial
A carefully prepared strategy often makes the difference between success and failure.
Costs of an Appeal
The costs depend on:
- Lawyer’s fees
- Court costs
- Expenses for witnesses and experts
👉 If you are acquitted, the state pays the costs.
👉 If convicted, you must bear the costs yourself.
I will provide you with a transparent overview of expected costs in advance.
When Is an Appeal Worth It?
An appeal is particularly worthwhile if:
- the judgment is based on questionable assessment of evidence
- important exonerating evidence was ignored
- procedural errors occurred
- the sentence is disproportionately harsh
- new evidence is available
Have your chances reviewed by an experienced defense lawyer.
Frequently Asked Questions
Can the judgment become worse after an appeal?
Yes. Since it is a new trial, the sentence could theoretically be increased. Your lawyer will advise you about this risk.
How long does an appeal take?
It depends on the workload of the Regional Court and the scope of evidence. Usually, several months.
Do I have to attend the appeal hearing?
Yes, personal presence is usually required. In some exceptions, representation by your lawyer is possible.
Can I file a revision after an appeal?
Yes. Against the judgment of the Regional Court, revision to the Higher Regional Court is possible – but only concerning legal errors.
Contact – Have Your Appeal Reviewed
Have you received a judgment you disagree with?
Use your chance and have the case reviewed.
As an experienced criminal defense lawyer, I will examine all options with you – competently, discreetly, and nationwide.
📞 Phone: +49 172 8974716
✉️ Email: beisel@duckscheer.de
Do not wait until the deadline expires – contact me today to file your appeal on time.
