Appeals and Revisions

Although often mistakenly used interchangeably in the press, the legal remedies of appeal and revision are distinctly different. Both remedies are available to you if you disagree, either fully or partially, with a conviction or even just the severity of the sentence. However, in both types of remedies, the question of whether the initial judgment was flawed is examined in entirely different ways. The fact is: regardless of which legal remedy you wish to pursue (or both, alternatively), you should now consider consulting a specialist lawyer experienced in criminal law.

Appeal
As a general rule – especially after a first-instance hearing at the Local Court (Amtsgericht) – an appeal is advisable over revision. Its advantage is that, if filed within the deadline, the entire case will be re-examined by a higher court (in this instance, the Regional Court (Landgericht)). The evidence from the initial hearing will be re-evaluated, and additional evidence can also be presented. Therefore, if the first instance did not rule in your favor, you will have another opportunity to present your case. Subsequently, the appellate court will make its own independent decision based on this second assessment of evidence, without relying on the previous court's rulings.

Revision
If the first instance hearing already took place before the Regional Court (Landgericht) or even the Higher Regional Court (Oberlandesgericht), or if the appellate court has already ruled, we can assess whether the legal remedy of revision is applicable for you, in special cases even as a 'Sprungrevision' (leapfrog revision). In this instance, unlike an appeal, the court does not re-examine the entire evidence presented but focuses exclusively on whether the previous court made formal or legal errors. Therefore, if procedural or interpretation rules were violated in the lower court, and the judgment consequently contradicts procedural or substantive law, it can be overturned or, in some cases, even directly decided differently by the revision court, ideally resulting in an acquittal.

To determine the prospects of success for a revision, we first meticulously examine both the written grounds for the judgment and the minutes of the oral hearing. Only then can we ascertain whether an appealable error was made by the court. Subsequently drafting the revision brief based on the grounds for revision established by law and jurisprudence is legally highly demanding and requires comprehensive knowledge of criminal law. This can only be effectively accomplished by lawyers, ideally those with profound experience in criminal law, which is why legal representation is mandatory for revision proceedings.

Do not hesitate to seek legal advice early if you are facing criminal charges. Our specialist lawyers for criminal law will discreetly and diligently support you in both revision and appeal proceedings.

• Has a criminal judgment already been issued against you?
• Do you disagree with the verdict?
• Are you unsure whether filing an appeal against the judgment is likely to succeed?
• Has the public prosecutor's office filed an appeal against a judgment that was in your favor?

Contact us promptly to have the prospects of success for a legal remedy reviewed!

Process and Support for Legal Representation

• Initial Consultation with a Detailed Discussion of the Previous Proceedings
• Access to Files (Only Possible Through a Lawyer!)
• In-depth Consultation Phase After Accessing Files to Define Objectives
• Discussion of the Prospects of Success for an Appeal and Selection Between an Ordinary Appeal or a Higher Court Appeal
• Filing the Appeal
• Statement of Grounds for Appeal

Goals and Prospects of Success

• Preventing an Unfavorable Judgment from Becoming Legally Binding
• Appeal Judgment or Higher Court Appeal Judgment in Your Favor
• Rejection of the Public Prosecutor's Appeal in the Event of a Lower Court Judgment in Your Favor

Time Commitment and Duration of Proceedings

• In criminal law, an appeal must generally be filed within one week of the lower court's judgment being pronounced; however, the grounds for appeal can be submitted later.
• If necessary, access to files for the previous proceedings within a few days of application.
• Consultation on the prospects of success usually within a few more days after accessing the files.
• The duration of the appeal proceedings, possibly including a main hearing, is largely determined by the criminal courts.

Costs and Fees

• The cost for an initial consultation for consumers is limited to EUR 190.00 plus VAT.
• During the consultation, any further fees for subsequent activities will be outlined and explained.
• Typically, fee agreements are made for each stage of the proceedings, particularly in cases where the scope, complexity, and critical importance to the client necessitate more extensive legal work.
• Generally, if an appeal is successful, all costs incurred in the lower courts are reimbursed by the state treasury.