Appeals

A “Revision” in German criminal law is generally the last legal option to challenge a conviction. It checks if the trial court made a legal error or broke procedural rules. This appeal can be made against judgments from a Regional Court (Landgericht) or Higher Regional Court (Oberlandesgericht), including those from an appeal after a Local Court (Amtsgericht). Sometimes, a Local Court judgment can be contested directly through a “Sprungrevision,” a leapfrog appeal on points of law.

A Revision isn’t a new trial; it doesn’t reassess facts or hear witnesses. Instead, it reviews the written judgment and trial documents for legal errors. Arguments about new facts or evidence not introduced at trial are usually not admissible. The appeal must show a legal mistake in the judgment or proceedings.

Decisions on first-instance judgments of a Regional or Higher Regional Court are made by the German Federal Court of Justice (Bundesgerichtshof). Appeals from a Regional Court following an ordinary appeal are decided by the relevant Higher Regional Court, for example, in Bavaria, by the Bavarian Supreme Court (Bayerisches Oberstes Landesgericht).

The deadline to file an appeal is one week from the judgment date. Typically, it must be substantiated within one month of formal service. These deadlines are strict. It’s crucial to hire specialized criminal appellate lawyers immediately after the judgment.

A Revision can challenge incorrect application of criminal law—such as misclassification, elements of an offense, sentencing range, or the sentence itself. It can also address errors in evidence assessment, such as contradictions, logical or scientific issues, or failures to consider relevant facts.

Legal errors in reasoning—even if factual findings remain binding—may lead to the overturning of a judgment. Procedural violations affecting evidence collection, defense rights, court composition, or restrictions on defense are also grounds for appeal.

Possible procedural errors include unlawfully rejecting evidence, using inadmissible evidence, or bias. An appeal might also challenge restrictions on defense, denial of the right to be heard, or delays in issuing the written judgment.

German criminal appeals are highly technical, with strict formal rules. All facts about procedural violations must be fully, precisely, and timely presented. Failure to meet these standards results in inadmissibility, so experienced legal counsel is necessary.

The lawyer you choose for the appeal need not be the same as the trial lawyer. Sometimes, separate appellate counsel can be advantageous for an independent review. Our lawyers specialize in criminal appeals: reviewing judgments, planning appellate strategies, and filing appeals before the German Federal Court of Justice and Higher Regional Courts. Because deadlines are very tight and the legal thresholds are very high, it’s crucial to hire specialized appellate counsel immediately after the judgment.

Please provide the judgment, the trial record, and all information concerning service and deadlines.