
Guide
Appeals and enforcement
All articles on Appeals and enforcement.
Appeals and enforcement
A judgment is not the end of the proceedings. An appeal on fact and law against a district court judgment must be lodged within one week and leads to a completely new hearing of the facts before the regional court. An appeal on points of law examines only whether the law was applied correctly. A penal order can be challenged by objection within two weeks.
At this stage the questions are usually the same: which deadline is running, what happens if it has passed, and whether the sentence can also become worse. Where a deadline is missed without fault, restoration of the previous position may be considered.
Once a judgment is final, enforcement begins. That raises questions about paying a fine in instalments, community work instead of a default prison term, conditions during a suspended sentence and early release. The guides in this area describe deadlines and procedures in general terms and do not replace advice on an individual case.
All articles
Appeals and enforcementSummons to serve a sentence: which routes exist and what a clemency petition achievesDeferral by the enforcement authority, court decisions, release of the sentence remainder and the clemency procedure in Hamburg. Four routes, four addressees. · 10 minute read
Appeals and enforcementCalculating the daily rate: how high a fine becomes and what applies if you cannot payHow § 40 StGB fixes the number and level of daily units, what payment relief exists, and how the default imprisonment of § 43 StGB can be averted by work. · 9 minute read
Appeals and enforcementObjection against a penalty order: two weeks, and what is possible afterwardsObjection against a penalty order: the time limit, how it can be limited or withdrawn, what happens if you miss the hearing, and why it can turn out worse. · 9 minute read
Appeals and enforcementAppeal on fact and law or appeal on points of law in German criminal law: which time limit runs after the judgmentOne week runs after the judgment. What separates appeal on fact and law from appeal on points of law, when the period starts, what form the grounds need, and what a missed limit means. · 9 minute read