Revision and appeal in criminal law

Law firm for criminal law in Kerpen, Cologne and Witten

Criminal law | Your criminal defense lawyer, reliable and specialized

Revision and appeal in criminal law

Law firm for criminal law in Kerpen, Cologne and Witten

Lawyer for - Labor Law | Criminal Law | IT Law | Data Protection

We as Law firm for criminal law are experienced in appeal proceedings and are happy to represent you with our expertise in criminal law even nationwide. There are two possibilities to proceed against decisions or judgments of the district court. These are, on the one hand, the legal remedy of appeal, which represents a new factual instance, and the legal remedy of the so-called jump appeal, the legal review of a judgment. The extent to which an appeal or a jump appeal makes sense and which of these measures can be classified as expedient can only be determined by an experienced lawyer after a thorough examination of the case by inspecting the file. Lawyer for criminal law be assessed.

It should be noted, however, that only the right of appeal can be used against decisions or judgments of the regional court. Therefore, if you are looking for adequate representation or legal assistance in appeal or revision proceedings, we will be happy to assist you.

Before the district court, the appeal represents the absolute last possibility within the framework of a first-instance procedure before the district court through a lawyer for criminal law to proceed against a conviction. Hereby the accused, client, gets the possibility by a new process, to prevent that the original judgement becomes legally binding. In such cases, the Federal Supreme Court always represents the judicial instance for an appeal procedure in criminal law.

What is the revision in criminal law?

Definition of the term revision

An appeal in criminal law is a legal remedy in which a higher court decides on the legality and appropriateness of a criminal judgment. In doing so, it examines whether the court of first instance correctly applied laws and case law, whether it correctly evaluated evidence, and whether the sentence is proportionate. An appeal may be filed by the parties concerned or ex officio by the court itself.

Why revision law is the most difficult discipline in criminal law

The law of revision - the most difficult discipline in criminal law

Very few lawyers in the field of Criminal Law specialize in audit law, so not only is it difficult to find someone in this discipline who can demonstrate expertise in this area, but there are reasons for this as well. Most lawyers in the Criminal Law defend exclusively in the first instance and subsequently leave the appeal or revision to another colleague. The reasons for this include the fact that a lawyer who reviews a judgment for its faultiness must be very familiar with substantive law and the Code of Criminal Procedure and must have spent a lot of practical experience and time with such scenarios in order to be able to develop a strategy that is profitable for the client.

This is because, prior to the initiation of appeal proceedings, the judgment, all minutes of the proceedings and the case itself must be examined in detail from a legal point of view, taking into account a large number of points. In addition, the judicial requirements for an appeal are so high that even a small error, a forgotten detail, can lead to a reprimand, procedural objection, on the part of the court and thus also the success of the criminal appeal is thus endangered.

The revision - the written procedure

The written procedure

In the vast majority of cases, the appeal is conducted by written procedure, which means that even nationwide representations are usually not a problem. Before initiating such proceedings, however, we first request access to the case file in order to be able to inspect the verdict and the minutes of the main hearing. Subsequently, we begin with a detailed examination of the facts of the case for any errors made by the court in reaching its verdict.

Deadlines regarding the revision

Deadlines

Basically, it should be noted that there is only one week after pronouncement of the judgment in which to file an appeal. According to § 245 StPO the time limit for substantiating the appeal is four weeks after the written grounds for the judgment of the court have been served by mail. This means that you must act quickly, because depending on how complicated the facts of the case are, the lawyer's time may be very short, including the time needed to obtain access to the files. In the potential case of this appeal, better not hesitate to contact a criminal law attorney as soon as possible, in the best case immediately after receiving the judgment. It is also important to know that deadlines such as the deadline for appeal cannot be extended.

Revision - What exactly is audited?

Test contents

In order to comprehensively examine the possibility of an appeal, we review the court judgment, all transcripts, the main hearing transcript and the entire file. We also pay special attention to procedural obstacles to be taken into account, ex officio, because procedural errors and possible incorrect or erroneous application of the material Criminal Law on the part of the court can lead to the fact that a judgement must be cancelled!

Another point of examination is the so-called evaluation of evidence, because if this is not sufficiently presented or, as in cases that have already been dealt with, shows contradictions, this can also be challenged. Procedural errors are also often a reason for revision, because often there is a procedurally incorrect interpretation or even rejection of evidence requests in court. A possible bias of the court must also be considered in such a scenario, as well as the simplest formal errors or even the non-observance of deadlines on the part of the court. Especially in the area of fraud and attempted fraud, many courts make mistakes regarding the respect of the requirements of the BGH, Federal Court of Justice, regarding the correct determination of the so-called pecuniary loss.

Likewise, we not only examine the fact whether the defendant, the client, is justly punished, the guilty verdict, but also the formation of the penalty or the sentence in detail, even if the judge is granted a certain degree of "discretion" in finding this. This is because judges often disregard serious mitigating circumstances, which can lead to an unreasonably high sentence.

What can be appealed against?

Conditions of the appeal

The appeal is the only legal remedy within the scope of the appeal system that can lead to the reversal of a judgment of the Regional Court or Higher Regional Court. In both cases, the BGH, Federal Court of Justice, in the Criminal Law the appellate court. Another possibility is the so-called "jump appeal", a special case pursuant to Sec. § 335 StPOThe appeal is the best way to proceed against judgments of district courts, the competent court for such proceedings is the Higher Regional Court. The choice whether to file an appeal or a revision is therefore left to your lawyer for criminal law after a thorough examination of the documents of the case.

Procedural matters - course of the appeal proceedings

Processual

As soon as we have thoroughly examined all points relevant to the appeal in your case, we will arrange an appointment with you to discuss the points of examination and attack as well as the chances of success of the appeal in detail. Subsequently, you will decide whether you would like us to prepare a statement of grounds for the appeal. This will be sent to the competent court of instance.

What are the decision-making options of the appellate court?

Decision-making options of the appellate court

If, in the course of the appeal proceedings, the appellate court finds that, according to the valid interpretation of the law, there was no criminal conduct, the court may, for example, acquit the defendant with immediate effect. The court of appeal can also amend the verdict and the sentence. However, it is generally the case in appeal proceedings that a penalty or sentence may not and cannot be increased following an appeal by the defendant and the resulting appeal proceedings.

If the appeal is successful, the appellate court will set aside the judgment in its entirety and then refer the entire case to the competent chamber for a completely new hearing. If the appeal is unsuccessful, the court will simply dismiss the appeal.

What costs should I expect in the event of an appeal?

Costs of appeal proceedings

This is difficult to estimate, as the costs of an appeal strongly depend on the scope of the entire proceedings. In most cases, however, we can give you an approximate estimate of the costs you should expect during a free initial consultation. The costs can be estimated even more precisely after the case file has been inspected and examined in detail, as the potential scope of the measures and thus of the proceedings can be estimated precisely by inspecting it.

Of course, the costs also vary depending on how the judicial review process develops in terms of scope, which we cannot influence in every case. However, if the costs are not directly affordable for you in the end, we are in many cases also prepared to agree with you on an installment payment appropriate to the proceedings.

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Revision and appeal in criminal law

Law firm for criminal law in Kerpen, Cologne and Witten

Criminal law | Your criminal defense lawyer, reliable and specialized

Revision and appeal in criminal law

Law firm for criminal law in Kerpen, Cologne and Witten

Lawyer for - Labor Law | Criminal Law | IT Law | Data Protection

What is the revision in criminal law?

Definition of the term revision

Why revision law is the most difficult discipline in criminal law

The law of revision - the most difficult discipline in criminal law

The revision - the written procedure

The written procedure

Deadlines regarding the revision

Deadlines

Revision - What exactly is audited?

Test contents

What can be appealed against?

Conditions of the appeal

Procedural matters - course of the appeal proceedings

Processual

What are the decision-making options of the appellate court?

Decision-making options of the appellate court

What costs should I expect in the event of an appeal?

Costs of appeal proceedings

We are here for you nationwide in the event of an appeal or review!

Then contact us

+49 (0) 2273 - 40 68 504

info@kanzlei-baumfalk.de

Law firm for criminal law in Kerpen, Cologne and Witten

Lawyer for - Labor Law | Criminal Law | IT Law | Data Protection