⏱️ Appeals: Berufung and Revision

A deadline of one week from pronouncement applies against a judgment. One month applies for the grounds of a Revision.

appeal on facts and law (Berufung) appeal on points of law (Revision) deadline judgment restoration of the previous position appeal pronouncement

In brief

You do not agree with the judgment? Then you can lodge an appeal.

You must lodge the Berufung (appeal on facts and law) within one week of the pronouncement of the judgment with the court of first instance (§ 314 StPO). The same applies to the Revision (appeal on points of law) (§ 341 StPO). It goes to the court registry in writing or orally.

The Revision must also be substantiated, as a rule within one month after the filing period has ended (§ 345 StPO). The grounds must be signed by a lawyer or given for the record of the court registry.

Deadlines are strict. Get advice immediately.

Step by step

Note the day of pronouncementThe one-week deadline starts with the pronouncement. If you were absent, it can start with service.
Get advice immediatelyYour defence lawyer checks whether Berufung or Revision is appropriate.
Lodge the appealAt the court whose judgment is being challenged, in writing or for the record.
Substantiate the RevisionObserve the deadline for grounds; a lawyer's signature is required.

Deadlines

1 week

Lodging the Berufung from pronouncement§ 314 Abs. 1 StPO

1 week

Lodging the Revision from pronouncement§ 341 Abs. 1 StPO

1 month

Grounds for the Revision after the filing period has ended; extended if the written judgment is filed late§ 345 Abs. 1 StPO

1 week

Restoration of the previous position after the obstacle has ceased§ 45 Abs. 1 StPO

Watch out – common mistakes

If you were not present or represented at the pronouncement, the deadline starts only with service.
The Revision reviews errors of law, not the facts anew. This is mentioned only briefly here and was not checked against the wording of the law.
For cost decisions there is a separate immediate complaint (§ 464 StPO).

In depth · legal basis, figures and practice – for advisers and professionals

Berufung

§ 314 para. 1 StPO: The Berufung must be lodged with the court of first instance within one week of pronouncement of the judgment, for the record of the court registry or in writing. If the defendant was not present at the pronouncement, the deadline starts with service, unless the judgment was pronounced in the presence of a defence lawyer holding written power of attorney (cf. the exceptions named).

Revision

§ 341 para. 1 StPO: The Revision must be lodged with the court whose judgment is being challenged within one week of pronouncement of the judgment. § 345 para. 1 StPO: The Revision motions and their grounds must be submitted at the latest within one month after the end of the period for lodging the appeal; the period is extended by one month if the judgment is filed more than 21 weeks after pronouncement, and by a further month if more than 35 weeks. Under § 345 para. 2 StPO, the defendant can make this declaration only in a document signed by a defence lawyer or lawyer or for the record of the court registry.

Restoration of the previous position

§ 44 StPO: Anyone who was prevented through no fault of their own from meeting a deadline is to be granted restoration of the previous position on application. § 45 para. 1 StPO: The application must be made within one week after the obstacle has ceased, at the court at which the missed deadline should have been observed. § 45 para. 2 StPO: The missed action must be made up within the application period.

Not covered

Leapfrog Revision (Sprungrevision) and reopening of proceedings were not researched here. Immediate complaint: one week from notification (§ 311 para. 2 StPO).

Who is responsible

Court whose judgment is being challenged (lodging)
Regional court (Berufung) or higher regional court/Federal Court of Justice (Revision) depending on the instance
Lawyer as defence counsel

Quick questions

Worum geht es bei „Appeals: Berufung and Revision“?

A deadline of one week from pronouncement applies against a judgment. One month applies for the grounds of a Revision.

Which deadlines and figures matter?

1 week: Lodging the Berufung from pronouncement (§ 314 Abs. 1 StPO)
1 week: Lodging the Revision from pronouncement (§ 341 Abs. 1 StPO)
1 month: Grounds for the Revision after the filing period has ended; extended if the written judgment is filed late (§ 345 Abs. 1 StPO)
1 week: Restoration of the previous position after the obstacle has ceased (§ 45 Abs. 1 StPO)

What should I do first?

Note the day of pronouncement: The one-week deadline starts with the pronouncement. If you were absent, it can start with service.
Get advice immediately: Your defence lawyer checks whether Berufung or Revision is appropriate.
Lodge the appeal: At the court whose judgment is being challenged, in writing or for the record.

What do I need to watch out for?

If you were not present or represented at the pronouncement, the deadline starts only with service.
The Revision reviews errors of law, not the facts anew. This is mentioned only briefly here and was not checked against the wording of the law.
For cost decisions there is a separate immediate complaint (§ 464 StPO).

Evidence

Bundesministerium der Justiz, Gesetze im Internet: § 314 StPO, retrieved 20 September 2026
Bundesministerium der Justiz, Gesetze im Internet: § 341 StPO, retrieved 20 September 2026
Bundesministerium der Justiz, Gesetze im Internet: § 345 StPO, retrieved 20 September 2026
Bundesministerium der Justiz, Gesetze im Internet: § 44 and § 45 StPO, retrieved 20 September 2026

As of

September 2026 · Sources and method

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