General criminal law
How this appeal was argued
Our client was able to leave the courtroom without handcuffs
In appeal proceedings before the Landgericht Hamburg (Hamburg Regional Court) on charges of robbery and several counts of theft, we reviewed the facts of the case again at the appeal stage. We set out several points that were material to sentencing and persuaded the other participants in the proceedings to suspend the prison sentence on probation. Our client was able to leave the courtroom without handcuffs.
How an appeal on fact and law proceeds
An appeal against a district court judgment must be lodged within one week of its pronouncement. A criminal division of the regional court decides on it. Both the convicted person and the prosecution may appeal.
The appeal leads to a completely new hearing of the facts. Witnesses are heard again and evidence is taken afresh. The appeal may be limited to the sentence; the finding of guilt then stands and only the legal consequences are argued.
What sentencing involves
Under section 46 StGB the offender's culpability is the basis of sentencing. The court weighs the circumstances speaking for and against the convicted person. These include the motives, the extent of the breach of duty, the effects of the offence and the conduct after it.
The person's history, their personal and financial circumstances and any effort at making amends are also taken into account. The court must consider the effects the sentence can be expected to have on the person's future life.
When a prison sentence can be suspended
Under section 56 StGB the court suspends a prison sentence of up to one year where the conviction itself can be expected to serve as a warning. For sentences of up to two years suspension is possible where special circumstances are present. Longer sentences cannot be suspended.
The court sets an operational period and may impose conditions and directions. This is general information on criminal proceedings and does not replace advice on an individual case.
The proceedings described here have been concluded. The outcome of any case always depends on its individual circumstances.