HANSE STRAFRECHT
Attorney Elger-Günther standing at the meeting room window holding a case file, looking out.

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.