Sometimes defendants do not prevail in the first instance and the judgments must be appealed. In such cases, German criminal procedure provides for two very distinct remedies. Judgments of the local courts (Amtsgerichte) may either be appealed on points of fact and law (Berufung) or appealed on points of law (Revision) as the final instance.
Under German law, an appeal on points of fact and law is essentially a trial de novo, while an appeal on points of law involves a judicial review of errors in the lower court's application of the law and procedural errors, which takes place in a predominantly written procedure and ideally leads to the case being remanded back to the lower court and retried.
When it comes to a defense strategy, these two forms of appeal require two completely different approaches that must be carried out in close coordination with the client.
We advise on and represent clients in both forms of appeal, adapting our defense strategy depending on the individual case and always with the aim of achieving the best outcome for our client.
