An appeal in criminal law can only be filed against judgments issued by the district court, i.e., against judgments from a criminal judge or a lay judge panel. (Judgments from a regional court can only be challenged through revision.)
Since district courts handle the majority of criminal cases and must process a high volume of cases, their judgments often appear superficial and sometimes legally flawed. Because district courts—unlike regional courts—render decisions in a less formal and much quicker manner, the legislature has created a full-fledged second judicial instance. This allows for the possibility of completely reopening the criminal proceedings.
An appeal enables a full retrial, where new facts and evidence may be presented. The defense can be completely restructured, and the prosecution’s case can be reconsidered from a fresh perspective. The appellate court is not bound by the lower court’s judgment and can reach an entirely different decision. Thus, an appeal provides a genuine second chance to mitigate or overturn a prior judgment.
When Is an Appeal Possible?
An appeal is only allowed against district court judgments, meaning the first-instance judgments of a criminal judge or a lay judge panel. First-instance judgments from criminal chambers at regional courts or from criminal senates at higher regional courts can only be challenged through revision.
It is crucial to note that the deadline for filing an appeal is very short. An appeal must be filed within one week after the judgment is announced. This means that from the day the judgment is orally delivered, you have only one week to file an appeal in writing (or in person at the court registry).
A justification for the appeal is not required at this stage and can be submitted later. The appellate court must still consider any subsequent arguments presented.
What Are the Consequences of an Appeal?
The most important effect of filing an appeal is that the finality of the previous judgment is suspended. This means that until the appeal process is completed, the original judgment is not legally binding. Consequently, any imposed fines or prison sentences cannot be enforced. Additionally, no entry is made in the criminal record until the appeal is concluded—meaning the defendant remains legally innocent.
The outcome of the appeal depends on the objectives and strategies of the defendant and the prosecution. If only the defendant appeals, the judgment cannot be worsened (principle of “prohibition of reformatio in peius”). However, if the prosecution also appeals, the appellate court may impose a harsher sentence—though this is rare.
The appeal can be limited to challenging only specific aspects of the judgment. For instance, only certain charges within multiple counts may be appealed, or only the sentence (i.e., the severity of the punishment) or secondary penalties (such as a driving ban, professional restrictions, probation conditions) may be contested.
Even if the initial conviction was justified, an appeal focusing only on sentencing can significantly improve the outcome. A victim-offender mediation conducted in preparation for the appeal process can greatly influence the judgment. Similarly, a prison sentence that was not suspended for probation in the lower court may be overturned. The additional time before the appeal hearing allows the defendant to demonstrate improved living conditions (employment, housing, rehabilitation efforts), which can strengthen the case for probation.
Grounds for an Appeal
The reasons for challenging a first-instance judgment are numerous and not limited to a predefined list. Unlike a revision, which is restricted to legal and procedural errors, an appeal allows for a complete reexamination of the case. New witness testimonies, evidence, or expert opinions may be presented, potentially undermining the prosecution’s case.
Additionally, appeals courts—mindful of potential revisions—typically provide more thorough and legally sound reasoning than district courts, which may render more “hasty” decisions.
A strategic confession aimed at mitigating the sentence can also lead to a significantly lighter judgment. This approach is particularly effective when combined with a plea agreement (deal) or victim-offender mediation. Furthermore, the defendant’s conduct since the first-instance conviction may be taken into account.
The broad discretion afforded to judges means that an appellate court may reach a completely different (and more lenient) decision, even under similar evidentiary circumstances.
Risks of an Appeal
In general, an appeal does not disadvantage the defendant. If the prosecution does not appeal, the first-instance judgment cannot be worsened. Additionally, an appeal can be withdrawn at any time—before the hearing even without the prosecution’s consent. Even if the prosecution also appeals, it is rare for the outcome to worsen.
However, exceptions exist. A defendant who has already provided a full confession in the lower court and received a very favorable judgment may face scrutiny about the purpose of their appeal. Despite this, courts and prosecutors often apply subtle pressure to discourage appeals, portraying them as “pointless.” Defendants should be cautious about prematurely accepting an unfavorable judgment without consulting a defense attorney.
It is therefore strongly discouraged to accept an unjust judgment without challenge. At the very least, an experienced defense attorney should review the written judgment to assess whether an appeal is warranted.
Chances of Success in an Appeal
Since an appeal provides a full retrial where all witnesses are re-examined, evidence is reassessed, and even new evidence can be introduced, it represents a true second chance at significantly improving the outcome.
Importantly, even if the lower court’s judgment was based on a plea agreement, the defendant is not bound by their confession in the appellate trial.
The opportunity to retain a private defense attorney or switch attorneys is also available, allowing for a fresh defense strategy.
Furthermore, additional time before the appeal hearing often allows the defense to find new witnesses or evidence. In cases involving false testimonies, key prosecution witnesses may struggle to recall details, leading to inconsistencies in their statements—especially in “one-on-one” testimony cases.
The appeal also delays the enforcement of penalties, keeping the defendant’s criminal record clean and potentially preventing immediate imprisonment.
Final Considerations
An appeal in criminal law provides a real opportunity to overturn or improve a conviction.
Since district courts process large volumes of cases and often make significant errors, it is crucial to have an experienced defense attorney who can maximize the opportunities available in the appellate process.
If there is a reasonable chance of obtaining a better outcome—whether due to insufficient evidence, legal complexities, or strategic considerations—the defense must aggressively pursue all available procedural tools, including new evidence requests, expert opinions, and witness cross-examinations.
