Revision in Criminal Law – Your Legal Remedy Against Wrongful Judgments
The Revision is the most important legal remedy against judgments in criminal proceedings if you want the decision to be reviewed legally. Unlike an appeal, a revision is not a new trial with new evidence, but a review for legal errors.
As your criminal defense lawyer, I help you examine judgments for errors and, if necessary, challenge them successfully before the higher court.
Table of Contents
- What is a Revision?
- Admissibility of Revision
- Deadlines and Formal Requirements
- Difference Between Revision, Appeal, and Complaint
- Course of Revision Proceedings
- Grounds for Revision
- Possible Decisions of the Revision Court
- Costs of a Revision
- Chances of Success
- Frequently Asked Questions
- Contact – Have Your Revision Reviewed
What is a Revision?
A revision is a legal remedy against judgments of the first or second instance, limited solely to legal issues.
Unlike in an appeal, the revision court does not re-hear witnesses or re-examine facts. It only checks:
✅ whether the judgment violates the law
✅ whether procedural errors occurred
✅ whether the judgment is sufficiently reasoned
Admissibility of Revision
Revisions are possible against:
- Judgments of the Regional Court (Landgericht) in the first instance
- Judgments of the Regional Court after appeal
❌ Revision is not possible against penal orders (Strafbefehl) – here, only an objection is possible.
Deadlines and Formal Requirements
Revisions are subject to strict deadlines:
- Filing deadline: 1 week after pronouncement of judgment
- Reasoning deadline: 1 month after delivery of the written judgment
Form:
- Filing in writing or on the record at the court registry
- Reasoning must be submitted in writing by a defense lawyer
⚠️ Missing these deadlines makes the judgment final!
Difference Between Revision, Appeal, and Complaint
| Remedy | Scope of Review |
|---|---|
| Appeal | Review of facts and law |
| Revision | Review of law only |
| Complaint | Review of specific procedural issues |
Thus, a revision is not a second trial but a legal control mechanism.
Course of Revision Proceedings
- Filing the revision – within 1 week.
- Stating the reasons – within 1 month, citing specific legal errors.
- Transmission of case files – from the lower court to the revision court.
- Prosecutor’s submission – the General Prosecutor’s Office submits its opinion.
- Decision – usually without oral hearing, based on the case files.
Grounds for Revision
Valid grounds are only legal errors, such as:
-
Procedural errors:
- incorrect composition of the court
- violations of evidentiary rules
- breach of the right to be heard
-
Substantive errors of law:
- incorrect application of criminal law
- errors in sentencing
- insufficient reasoning in the judgment
Examples:
✅ Court failed to hear an essential witness
✅ A confession was used without proper legal instruction
✅ Incorrect legal classification of the act
✅ Sentence not properly justified
Possible Decisions of the Revision Court
The revision court may:
- Dismiss the revision – judgment remains final.
- Set aside and remit – judgment is annulled and case is retried by a different court.
- Partial annulment – e.g., only regarding sentencing, while conviction remains.
Costs of a Revision
Revision costs consist of:
- Defense lawyer’s fees
- Court fees
- Expenses (e.g., expert opinions, copies of files)
If the revision is successful, the state bears the costs. If unsuccessful, the convicted person must pay.
Chances of Success
Revision is a highly formalized remedy requiring deep knowledge of criminal procedure law.
Key success factors:
✅ Thorough analysis of the judgment
✅ Precise identification of legal errors
✅ Defense lawyer experienced in revision law
Statistically, chances are lower than in appeals, but revisions can still lead to:
- acquittal
- reduced sentence
- retrial
Frequently Asked Questions
Will the facts be re-examined in a revision?
No. The revision court only reviews the judgment legally – no new witnesses or evidence.
Can my sentence be increased in a revision?
Only if the prosecution also files a revision. If only the defendant appeals, the penalty cannot be increased (prohibition of reformatio in peius).
How long does a revision take?
Usually several months, sometimes over a year.
What options remain after a failed revision?
In most cases, the judgment becomes final. In exceptional cases, a constitutional complaint may follow.
Contact – Have Your Revision Reviewed
Have you received a judgment you do not accept? Act quickly – deadlines are short!
As an experienced criminal defense lawyer, I will carefully assess the prospects of success and draft the reasoning for your revision.
📞 Phone: +49 172 8974716
✉️ Email: beisel@duckscheer.de
Don’t wait – secure your chance for a fair judgment.
