Berufung and Revision: appeals against a judgment

1What is it about?

Against a criminal judgment, the available appeals are the Berufung (appeal on facts and law) and the Revision (appeal on points of law). The Berufung is available against judgments of the local court (Amtsgericht; single judge and lay assessor court) (§ 312 StPO). It leads to a new trial before the regional court (Landgericht), in which the facts and the legal consequences are examined afresh.

The Revision examines whether the law was applied correctly (§ 337 StPO), without any renewed taking of evidence. It is directed against appeal judgments of the regional courts and against first-instance judgments of the regional courts and higher regional courts. For judgments of the local court, a leapfrog appeal on points of law (Sprungrevision) is also possible (§ 335 StPO).

2Typical case scenarios

• Conviction by the local court that you consider wrong or too harsh.
• Conviction by the regional court at first instance.
• Procedural errors, for example rejection of motions for evidence or defective instruction.
• Errors of law in sentencing or in the assessment of evidence.
• Appeal by the public prosecutor's office against a judgment.

3Frequently asked questions

4How the proceedings unfold

1. Judgment and instruction on appeal rightsPronouncement, one-week time limit.
2. LodgingIn writing or recorded at the court registry.
3. GroundsFor the Revision within one month, with objections on substantive law and on procedure.
4. DecisionNew main hearing (Berufung) or review for errors of law (Revision).

5What requires particular attention

• Keep strictly to the one-week time limit.
• Do not waive appeals prematurely, for example immediately after the judgment is pronounced.
• Observe the formal requirements for the grounds of a Revision; they are strict.
• Enforcement: lodging an appeal generally suspends the judgment becoming final, but not pre-trial detention.

6How we defend you

We review the judgment, the transcript and the file for errors of law and starting points, and advise whether a Berufung, Revision or Sprungrevision has good prospects. We monitor time limits strictly.

We carefully draft the grounds of Revisions with objections on substantive law and on procedure, prepare appeal hearings thoroughly and keep the risks to you in view throughout.