Anyone convicted in criminal proceedings has only a short time to challenge the judgment. An appeal on points of law is the legal remedy by which a higher court examines whether legal errors occurred in the previous proceedings—for example, in the application of substantive criminal law, in the evaluation of evidence, or in the trial procedure.
Since the deadline for filing an appeal on points of law already begins with the oral pronouncement of the judgment, you should act immediately. Stirnweiss | Brenner secures the filing of the appeal to preserve the deadline and subsequently prepares a well-founded statement of grounds for appeal – nationwide before the OLG and BGH.
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An appeal on points of law reviews the judgment for legal errors—it is not a new trial, but a purely legal review based on the case files.
Unlike a standard appeal, an appeal on points of law is not a second instance of fact. Witnesses are not heard again, and evidence is not re-examined. The appellate court specifically examines whether the judgment is based on an error-free evaluation of evidence. It checks whether the evaluation of evidence is complete, consistent, and compatible with the laws of logic and general experience; the appellate court does not replace the trial court’s conviction with a merely different or “better” one. If it identifies legal errors, it sets aside the judgment and regularly refers the matter back to a different panel of the original court for a new trial.
Whether the Higher Regional Court or the Federal Court of Justice decides on your appeal depends on the court of first instance and the nature of the proceedings.
Depending on the court of first instance, the Higher Regional Court (OLG) or the Federal Court of Justice (BGH) is responsible for the appeal. In criminal matters, the OLG generally decides on appeals against judgments of the District Courts as well as against appeal judgments of the Regional Courts. As a “purely appellate instance,” the BGH is primarily responsible for appeals against certain first-instance judgments of the Regional Courts and Higher Regional Courts, particularly in white-collar and state security proceedings. We will clarify which specific court will decide on your appeal in detail after reviewing the files and checking the jurisdictional rules.
Filing an appeal on points of law is subject to a strict, non-extendable deadline: it must be received by the competent court within one week of the pronouncement of the judgment—not only after receipt of the written reasons for the judgment. The time limit begins with the oral pronouncement in the courtroom; if the convicted person misses the main hearing or does not become aware of it, service and reinstatement to the previous status (Sections 44 et seq. StPO) may be relevant in individual cases.
The grounds for the appeal on points of law can only be submitted after service of the fully drafted judgment. From service, a one-month period runs within which all procedural complaints and the complaint on points of law must be set out in the form prescribed by law. Both deadlines are mandatory—if, in particular, the one-week deadline for filing is missed, the judgment becomes final. A subsequent correction is possible only in narrowly limited exceptional cases by way of reinstatement.
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The typical course of appeal proceedings is as follows:
If the judgment is set aside, this will generally lead to a new main hearing before a different panel of the original court. There, the defense can respond to the identified legal errors with an adjusted strategy, such as re-examining witnesses or submitting additional motions to take evidence.
The law governing appeals on points of law is among the most formalistic areas of German criminal procedure. Procedural complaints in particular require an extremely careful presentation: the alleged error—such as a failure to take evidence, incorrect instructions, or a breach of Section 261 or Section 244 StPO—must be described so fully and precisely that the appellate court can assess its validity solely on the basis of the written grounds. Formal defects result in the complaint being dismissed as inadmissible, without any substantive review at all.
Many appeals on points of law therefore fail not on the merits, but because of form and technical execution. Our specialist criminal defense lawyers focus on appeals on points of law and know the requirements of the Higher Regional Courts and the Federal Court of Justice from daily practice. We develop a tailored appeal strategy without raising false expectations.
We deliberately do not quote a blanket “success rate.” Instead, after reviewing the files, you will receive an honest, well-founded assessment from us as to whether an appeal on points of law makes sense—and which complaints it should be based on.
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Because the deadlines in appeals on points of law are short and unforgiving, you should seek legal assistance immediately after the judgment is pronounced. We first ensure the appeal is filed in time and then prepare the written grounds within the scope required by law.
From our offices in Stuttgart and Konstanz, our specialist criminal defence lawyers represent clients nationwide before the Higher Regional Courts and the Federal Court of Justice. Your success and your right to proceedings that comply with the rule of law are at the heart of our work.
Get answers to what matters to you
The filing of the appeal must be received by the court within one week of the announcement of the judgment – regardless of whether the written reasons for the judgment are available. The statement of grounds for appeal follows thereafter: one month from the service of the full judgment.
If the one-week deadline is missed, the judgment becomes final and binding. A subsequent reinstatement to the previous status is only possible in strictly limited exceptional cases – for example, in the event of a demonstrably no-fault failure to meet the deadline. Therefore, contact us immediately after the judgment is announced.
You need a specialist attorney for criminal law specializing in appeals immediately after the judgment is announced – not just when the written reasons for the judgment are available. According to § 345 StPO, the statement of grounds for appeal requires the signature of a defense counsel; given the strict formal requirements for procedural and substantive complaints, an experienced attorney for criminal appeals is crucial for success.
No. A Revision is directed against a judgment that is not yet final and must be filed within one week. Reopening of proceedings, on the other hand, concerns a judgment that is already final and binding and is tied to completely different, significantly narrower requirements.
