Revision - Appeal
The legal remedy of appeal
.In German criminal law, revision is an appeal procedure that allows parties to request a review of criminal judgments by a higher court. Revision is an important part of the German legal system and serves to ensure the legality and appropriateness of judgments. In principle, an appeal can be lodged against almost any criminal judgment, but the requirements and possible grounds for an appeal are precisely defined in German criminal law. The appeal is not a re-examination of the facts, but a legal review of the judgment. Some possible grounds for lodging an appeal under German criminal law are
Error of law: this refers to errors in the application of the law by the court. For example, the court may have misinterpreted or misapplied a rule of law
Procedural errorsErrors committed during the court proceedings, such as violations of the right to a fair trial, inadmissible taking of evidence or violations of procedural rules
Inadequate assessment of evidence: If the court has misjudged evidence or failed to consider material evidence, this could be grounds for an appeal
Legal assistance in appeal proceedings
When appealing against a judgment in German criminal law, there are several important points to consider to ensure that the appeal is proper and successful
Deadlines: It is important to adhere to the statutory deadlines for lodging an appeal. The deadline for lodging an appeal is generally one week after the judgment has been delivered. Pursuant to Section 345 (1) sentence 1 of the German Code of Criminal Procedure (StPO), the deadline for stating the grounds of appeal is normally one month after service of the full judgment.
Merits: The appeal must be based on specific grounds, such as errors of law or procedural errors It is important to present clear and convincing arguments for the appeal and to consider all relevant legal and factual aspects of the case
Application for revision: The application for revision must be submitted in writing to the competent court. The application must contain all relevant information and arguments supporting the merits of the appeal. It is important to formulate the application carefully and precisely.
Representation by a lawyer: It is strongly recommended to be represented by an experienced lawyer who is familiar with the appeal procedure in criminal law. A lawyer can help you to formulate the appeal application correctly and to comply with all the necessary steps in the proceedings
Place your trust in our expertise and experience in the defense of appeals on points of law. We defend your interests effectively and are well-versed in dealing with the high requirements for the substantiation of an effective notice of appeal. We ensure that your rights are fully protected during the appeal proceedings. Potential violations of your rights are identified and the appropriate legal steps are taken to ensure a proper defense.
