Review of Judgments

To determine whether a complex appeal in your case has a chance of success, the court proceedings in the previous instance must be thoroughly reviewed – usually after filing the appeal to meet the prescribed deadline. With few exceptions, only the written reasoning of the judgment and the transcript (i.e., the official record) of the oral hearing are to be used for this purpose. According to the legislator's intent, these two documents reflect what occurred during the hearing on which the contested judgment was based. Accordingly, in most cases, the grounds for appeal can only be found in the judgment's reasoning and the transcript.

Consultation
Despite or precisely because of the limited scope of review for an appeal, it is important for preparation to understand your perspective, especially if you were represented by colleagues from another law firm in the previous instance. This allows us to identify key areas for reviewing the judgment early on. Did a witness give contradictory statements? Was a questionable expert opinion or old interrogation records or confessions introduced? Were motions for evidence filed and rejected? Did the court issue procedural decisions, perhaps excluding individuals from the hearing or ruling on a conflict of interest? These and other points should be clarified together in advance to guide our further investigation in the right direction.

Transcript
The main trial transcript records the course of the proceedings in the lower court, and it can be crucial for the defense to have important events recorded verbatim. Even if this did not happen, the appeal defense must carefully review the record of the oral hearing. What other indications of possible grounds for appeal emerge? Formal procedural actions – such as motions for evidence, motions for recusal, or the exclusion of the public – must, by law, be included in the transcript.

Judgment
The judgment's official copy is significant in several ways: On the one hand, the appeal's reasoning period only begins with the delivery of the written judgment's reasoning. On the other hand – and this is why a period for submitting grounds for appeal cannot begin before the judgment is served – it is impossible to definitively assess the prospects of success for an appeal without the court's detailed reasons. We meticulously examine for you which elements of the facts the court considered proven, which evidence it deemed convincing, and how it justified its findings. The court's legal explanations – particularly regarding sentencing – also require close scrutiny.

After reviewing both documents – the trial transcript and the written judgment's reasoning – we will gladly provide you with comprehensive advice, in writing or orally, and nationwide, regarding the prospects of success for your appeal.

• A motion for evidence was rejected,
• a motion for recusal was rejected,
• previously recorded witness statements were used,
• the public was excluded,
• a right to refuse to testify was not granted.

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 additional services will be presented 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.