Grounds for Revision

The range of grounds for appeal is vast, which is precisely why appeals require experts who can meticulously assess whether a judgment can be successfully overturned. The relevant sections of the Code of Criminal Procedure (§§ 337ff. StPO) must therefore be carefully examined against the judgment and the trial record. A distinction is made between so-called "absolute" and "relative" grounds for appeal. The "substantive complaint" (Sachrüge), on the other hand, requires comprehensive knowledge of substantive criminal law. So-called "statutory limitations" must also be examined ex officio by the appellate court. Nevertheless, it is advisable to have a lawyer remind the judiciary of points such as statutes of limitations, criminal complaints, or the exhaustion of criminal charges.

Absolute Grounds for Appeal
The "absolute" grounds for appeal under § 338 of the Code of Criminal Procedure (StPO) comprise a definitive list of particularly serious and clearly verifiable procedural violations. For instance, a judgment must be overturned if incompetent, an incorrect number of, or biased judges made the decision (Nos. 1-4), if a party or the public was wrongly excluded from the proceedings (Nos. 5, 6), or if the written grounds for the judgment were submitted too late (No. 7).

Section 338 No. 8 StPO holds a special position, acting as a catch-all provision that covers various serious legal violations, such as surprise decisions, incorrect judicial guidance, or breaches of the "fair trial" principle, which is the right to a just procedure.

If absolute grounds for appeal exist, the judgment must be overturned without further ado.

Relative Grounds for Appeal
The situation is different for relative grounds for appeal, which are linked to § 337 StPO. Here, it must also be explained why the underlying legal error ultimately led to an incorrect judgment. For example, if a procedural rule was violated but this violation is irrelevant to the outcome, a relative ground for appeal will not lead to the overturning of the judgment.

In practice, however, relative grounds for appeal often represent the most probable path to success, as § 337 StPO generally allows for challenging the violation of any procedural rule in criminal proceedings. Here, the knowledgeable attorney must therefore challenge violations of evidence exclusion rules, disregard of evidence, flawed trial proceedings, or impermissible agreements between the prosecution and the court.

Substantive Complaint
In every appeal, the so-called substantive complaint, which alleges that substantive criminal law was incorrectly applied, should also be included. This allows the attorney to open the door for a complete review of how the Criminal Code (StGB) was applied to the established facts of the case. Therefore, if a definition was misinterpreted, a legal element incorrectly applied, a justification or excuse overlooked, or the sentencing (i.e., the decision on the severity of the penalty) was wrongly determined, there is an opportunity to challenge the judgment with a detailed legal appeal brief.

We will gladly conduct a structured and thorough review to determine whether a serious error makes the judgment against you vulnerable. Feel free to schedule an appointment with our firm.

• What is your primary concern?
• What is the best possible outcome we can achieve through an appeal?
• What happens after a judgment has been overturned?
• How can we assist you practically and beyond simply drafting documents?
• What are the limits of what is achievable, which we will transparently and reliably outline for you?

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.