Appeal in a criminal case

First decide which decision you want to challenge

This explanation is about an appeal against a judgment of the criminal court. Not every letter from justice is such a judgment. One summons calls you for treatment; A criminal order is a decision by the Public Prosecution Service to which opposition is usually open. There are separate procedures for decisions about, for example, pre-trial detention. The right legal remedy therefore starts with the right document.

After a conviction for a crime, an appeal is in principle open. There are restrictions for violations: Case law mentions, among other things, a fine of more than 50 euros or another penalty or measure. If there are multiple fines for violations, the total may count. Have the concrete ruling checked, especially in the case of different facts or decisions in one case. The classification of criminal offenses makes a difference here.

Often fourteen days, but the starting point requires attention

An appeal must normally be filed within fourteen days of the judgment. There are exceptions where the term starts later, depending on, among other things, familiarity with the hearing and the ruling. Therefore, not having been to the hearing yourself does not automatically mean that you still have unlimited time. Nor should you conclude that a late-received paper judgment always determines the starting point.

Ask the clerk of the court that handled the case or your lawyer directly which term applies to your situation. Please provide not only the date of the ruling, but also what you knew about the hearing and how you were summoned. Save the relevant messages. An appointment to receive advice next week does not extend the period. If in doubt, explain immediately that a possible appeal period is running.

Set up the appeal correctly

The setting is done at the court that rendered the judgment. This can be done, for example, in person at the counter, where an appeal is drawn up, or via a lawyer or a suitable power of attorney. Anyone who is in custody can have a statement processed through the institution. The information and authorization required depends on the route chosen. Ask for the current instructions from the court concerned.

A phone call with questions, a complaint or a message to any email address is not a safe substitute for that procedure. Even where electronic submission is possible, conditions may apply to address, document and signature. Ask for confirmation that the appeal has actually been filed and keep the document. Make it explicit who is responsible; Saying that you are considering an appeal is different from ordering it to be filed.

Turn dissatisfaction into concrete objections

An objection, also called a grievance, explains what you disagree with. Is it about the assessment of evidence, a legal judgment, the punishment or different components? Read the justification next to your notes. A useful discussion point states the judgment, the reason for your objection and the material you believe deserves attention. Previous statements from the police interrogation may also be relevant.

The official grievance form helps organize those reasons, but does not itself initiate an appeal. Discuss in a timely manner when and how you should submit the reasons and any research wishes. The form asks separately about topics such as guilt, the course of treatment and the sentence. Keep the difference between two questions: is the legal remedy validly instituted, and does the court receive sufficiently clear objections for the hearing?

Weigh the goal, the possible outcome and the burden

An appeal is no guarantee of a reduced sentence. A new assessment can be favorable, but can also lead to the same or a more severe sanction. Moreover, the Public Prosecution Service itself can lodge an appeal. Therefore, discuss not only what you hope to achieve, but also what could come up for discussion again and what consequences a different decision could have. The criminal procedure has more outcomes than just a change in the sentence duration.

In addition, list the practical consequences: conversations, file work, uncertainty and the retelling of incriminating events. These are considerations, not a reason to give up an option without information. Questions about work or a criminal record deserve separate explanation. Do not assume that an appeal automatically stops all consequences of a case or that any registration immediately disappears.

Treat detention and costs as separate questions

Anyone in pre-trial detention will not be automatically released by filing an appeal. Decisions regarding continuation or suspension have their own assessment. Conversely, a pending appeal does not mean that someone who was out of detention will continue to await the case out of detention under all circumstances. Ask your lawyer what has been specifically decided and what options there are to request a change.

You do not pay court fees for an appeal in a criminal case. A lawyer, your own expert research and other preparation may incur costs. Ask which activities are covered by an existing agreement and whether new agreements are necessary. The pages about lawyer costs and and pro-deo lawyer help with those questions. An addition requires an assessment; do not rely solely on a general income estimate.

Hypothetical Example: Separating the Punishment from the Evidence Assessment

Suppose someone believes after a conviction that the judge did not take enough account of a changed work schedule. At the same time, that person doubts the way a witness statement was used. This is a made up example. It does not make any predictions about the likelihood of an appeal or the sentence that a court would consider appropriate.

These are two separate topics for conversation. For example, the work schedule concerns the question of what current information is available and why it would be relevant to the sentence. The statement concerns the specific passage and the judgment about it. By separating the two questions, a lawyer can specifically explain what a new treatment can and cannot add.

What happens at the court and afterwards?

At the court of appeal, the judges are called counselors. The Advocate General there represents the Public Prosecution Service and is not your lawyer. The court will hear the criminal case again, paying attention to the objections and what needs to be investigated in the case. Discuss the call, your presence and any requests in advance. Moving a hearing date cannot be done unilaterally; a request requires a decision from the court.

The court's ruling is called a judgment. Sometimes cassation before the Supreme Court is then possible. The Supreme Court does not examine the facts again in the same way, but assesses legal questions and the legal tenability of the decision. This has its own requirements and deadlines and specialized legal assistance is required for cassation remedies. So ask for timely advice again instead of assuming that the previous agreements will continue automatically.

Checklist: which questions must be answered first?

Start with the questions that might miss an opportunity, then expand on the content. You do not need to be able to write a complete legal appeal letter for this. If necessary, use to find a criminal lawyer to find someone who can discuss the verdict, term and next steps with you.

• What decision is there, and is it open to me to appeal against it?
• When does my term start and what date does it end?
• Who files an appeal, by what route and how do I receive confirmation?
• What are my specific objections and which documents support them?
• Has the Public Prosecution Service also filed an appeal and what does that mean for the assessment?
• What agreements apply regarding detention, preparation, accessibility and costs?

Understand what legal remedy is actually available

Not every way to challenge a decision is an appeal. For example, may be opposed to against a criminal order. After a ruling on appeal, cassation in a criminal case can offer a different test. The names are not interchangeable steps; always start with the decision and the associated arrangement.

Discuss with the lawyer what you want to have assessed and what procedural documents are required for this. At the same time, ask about the coverage of the work, any new additions and the costs of legal assistance. That conversation supports a choice, without assuming that a new legal remedy will also give a more favorable result.