Appeal on points of law
Appeal on Points of Law in Criminal Proceedings – Your Opportunity to Have Judgments Reviewed
In German criminal law, the appeal on points of law (“Revision”) is an important legal remedy that allows a criminal judgment to be reviewed by a higher court for its legal correctness. This form of appeal is a key component of the legal system, ensuring the accuracy and fairness of court decisions. Unlike a new trial, however, the appeal on points of law does not involve a reassessment of the facts – only the legal quality of the judgment is subject to review.
When is an Appeal on Points of Law Possible?
In principle, an appeal on points of law can be filed against almost any criminal court judgment. However, specific grounds must be present as defined by law. The most common reasons include:
Legal errors: The court has misapplied applicable law or incorrectly interpreted a legal provision. This also includes decisions that contradict established case law.
Procedural errors: Deficiencies in the legal process, such as violations of the right to a fair trial or errors in the admission of evidence, may serve as grounds for an appeal.
Incorrect assessment of evidence: If the court has misjudged evidence or failed to consider crucial pieces of evidence, this may also justify filing an appeal on points of law.
Key Considerations When Filing an Appeal
An appeal on points of law is a complex legal procedure that requires precision and accuracy. To maximize your chances of success, you should pay close attention to the following points:
Deadlines: The deadline for filing an appeal is generally one week after the judgment is announced. After the full written judgment has been served, you typically have one month to submit the reasoning for the appeal (in accordance with § 345(1) of the German Code of Criminal Procedure – StPO). These deadlines are binding and must be strictly observed.
Substantiation: The appeal must be based on sound and comprehensible arguments. It should clearly identify legal or procedural errors and explain in detail why the judgment should be reviewed. Only a thorough and well-structured argument can lead to a successful outcome.
Filing the appeal: The appeal must be submitted in writing to the competent court and must contain all relevant information and arguments. Precise and legally correct wording is essential for the appeal to be admissible.
Legal representation: Filing an appeal on points of law is a demanding process. As a sole practitioner, I personally support you to ensure that your interests are fully and effectively represented. I assist not only with correctly drafting the appeal but also with ensuring all procedural requirements are met.
Costs: Filing an appeal may involve costs, including court fees and attorney fees. I will provide you with a transparent overview of all potential costs early on, so you do not face any unexpected expenses.
Conclusion
The appeal on points of law offers a valuable opportunity to challenge flawed judgments in criminal cases. If you believe that a judgment in your case was issued unjustly, I am here to offer my experience and support. Together, we will assess the prospects of a successful appeal and assert your rights effectively.