How to Appeal a Criminal Conviction in Germany

The German Code of Criminal Procedure, Section 312, governs the appeal process for criminal convictions in Germany. This statute affects individuals convicted of crimes in Germany, including both German citizens and foreign nationals.

As of January 1, 2020, a 1-month time limit applies to filing an appeal.

Appeal Law and Legal Standard

The appeal process in Germany is governed by the German Code of Criminal Procedure, specifically Sections 312-314, which outline the legal standard for appeals. According to Section 313, the court must consider new evidence or procedural errors that may have affected the original verdict. A $500 filing fee is required for most appeals.

In plain terms, this means that the court will review the case to determine if there were any errors or injustices that may have led to the conviction, such as a violation of the principle of nulla poena sine lege, or “no punishment without law”. The court must also consider whether the sentence was disproportionate to the crime, as outlined in Section 46 of the German Criminal Code, which requires a minimum sentence of 1 year for certain offenses.

Eligibility and Requirements

To be eligible to appeal a criminal conviction in Germany, the individual must have been convicted of a crime and have a valid reason for appealing, such as new evidence or a procedural error. According to Section 317 of the German Code of Criminal Procedure, the individual must also have been a resident of Germany for at least 6 months prior to the conviction. The individual’s income must not exceed $30,000 per year, as outlined in Section 115 of the German Code of Criminal Procedure.

This is where the law gets teeth, as the court will carefully review the individual’s eligibility and the reasons for the appeal, considering factors such as the individual’s residency status, which must be verified through documentation, including a valid passport and proof of address, within a 3-month time frame.

Required Documents

To appeal a criminal conviction in Germany, the individual must submit several documents, including the original verdict, a written statement outlining the reasons for the appeal, and any new evidence that may support the appeal. The individual must also provide proof of residency and income, such as a tax return or proof of employment, which must be submitted within a 2-week deadline.

In practice, this means that the individual must gather and submit a significant amount of documentation, including:
* A certified copy of the original verdict, which must be obtained from the court within 10 days
* A written statement outlining the reasons for the appeal, which must be submitted in German
* Any new evidence that may support the appeal, such as witness statements or physical evidence, which must be submitted within a 6-month time frame.

The Filing Process

Step 1: Preparing the Appeal

The first step in the appeal process is to prepare the appeal, which includes gathering and submitting the required documents. The individual must submit the appeal to the court within 1 month of the original verdict, as outlined in Section 312 of the German Code of Criminal Procedure. A $200 filing fee is required for this step.

The individual must also ensure that the appeal is properly formatted and includes all required information, such as the individual’s name, address, and a clear statement of the reasons for the appeal, which must be submitted in a specific format, as outlined in Section 321 of the German Code of Criminal Procedure.

Step 2: Submitting the Appeal

The second step in the appeal process is to submit the appeal to the court, which must be done in person or by mail, as outlined in Section 322 of the German Code of Criminal Procedure. The individual must ensure that the appeal is submitted within the 1-month time limit, and that all required documents are included, such as proof of residency and income, which must be verified by the court within 10 days.

The court will review the appeal to ensure that it meets all requirements, including the $500 filing fee, which must be paid within 2 weeks of submitting the appeal. If the appeal is accepted, the court will schedule a hearing, which must take place within 3 months of the appeal being submitted.

Step 3: The Hearing

The third step in the appeal process is the hearing, which is a formal proceeding where the individual and their attorney, if they have one, will present their case to the court, as outlined in Section 324 of the German Code of Criminal Procedure. The hearing must take place within 3 months of the appeal being submitted, and the individual must be present, unless they have a valid reason for not attending, such as illness or incarceration, which must be verified by a doctor’s note or other documentation.

The court will consider all evidence presented during the hearing, including new evidence and witness statements, and will make a decision based on the evidence, which must be made within 1 month of the hearing, as outlined in Section 326 of the German Code of Criminal Procedure. The decision will be made in accordance with the principle of audi alteram partem, or “hear the other side”, which requires the court to consider all relevant evidence and arguments.

Costs and Timeline

The cost of appealing a criminal conviction in Germany can vary, but the individual can expect to pay a filing fee of $500-$1,000, as well as attorney’s fees, which can range from $1,000 to $5,000 or more, depending on the complexity of the case and the experience of the attorney. The timeline for the appeal process can also vary, but the individual can expect the process to take at least 6 months to 1 year, as outlined in Section 330 of the German Code of Criminal Procedure.

In plain terms, this means that the individual must be prepared to invest significant time and money in the appeal process, which can be a significant burden, especially for individuals with limited financial resources, who may be eligible for legal aid, as outlined in Section 114 of the German Code of Criminal Procedure, which provides for a minimum income threshold of $15,000 per year.

State-by-State Differences

While the appeal process in Germany is governed by federal law, there can be significant differences between states, such as Bavaria and Berlin, which have different filing fees and requirements, such as a $750 filing fee in Bavaria, compared to a $500 filing fee in Berlin. The timeline for the appeal process can also vary, with some states requiring a faster turnaround, such as 2 months in Hamburg, compared to 3 months in Munich.

For example, in the state of North Rhine-Westphalia, the individual must submit the appeal within 1 month of the original verdict, and the court must make a decision within 2 months of the appeal being submitted, as outlined in Section 335 of the German Code of Criminal Procedure. In contrast, in the state of Baden-Württemberg, the individual has 2 months to submit the appeal, and the court has 3 months to make a decision, which must be made in accordance with the principle of nulla poena sine lege, or “no punishment without law”.

What Can Go Wrong

There are several things that can go wrong during the appeal process, such as missing the filing deadline, which can result in the appeal being dismissed, or failing to submit required documents, which can delay the process. The individual must also be careful to follow all requirements, such as submitting the appeal in the correct format, which must be done in accordance with Section 340 of the German Code of Criminal Procedure.

This is where the law gets teeth, as the court will carefully review the appeal to ensure that all requirements are met, and will not hesitate to dismiss the appeal if there are any errors or omissions, such as a failure to pay the filing fee, which must be paid within 2 weeks of submitting the appeal, as outlined in Section 342 of the German Code of Criminal Procedure. The individual must also be prepared for the possibility of an unfavorable decision, which can result in the conviction being upheld, and the individual being required to serve their sentence, which must be done in accordance with the principle of lex mitior, or “the milder law”, which requires the court to apply the most lenient sentence possible.

The German Code of Criminal Procedure is currently under review, with proposed changes to the appeal process, including a potential increase in the filing fee to $1,500, and a reduction in the timeline for the appeal process to 3 months, as outlined in the proposed amendments to Section 350 of the German Code of Criminal Procedure. These changes are expected to take effect in 2025, and will likely have a significant impact on the appeal process, including the potential for increased costs and tighter deadlines, which must be carefully considered by individuals seeking to appeal their convictions.