The Criminal Judgment: Structure, Consequences, Appeals and Commencement

The criminal judgment concludes the trial. It determines whether the accused is convicted or acquitted, which legal consequences apply and which avenues of appeal remain. This article explains the structure and content of a judgment, its consequences and the most important deadlines – objectively and in an easily understandable way.

Structure of the judgment: operative part and reasons

A judgment essentially consists of the operative part (Urteilsformel, § 260 StPO) and the reasons (§ 267 StPO). The operative part contains the decision itself – for example the offence of which the accused is convicted and the sentence imposed. The reasons set out the established facts, the assessment of the evidence and the legal considerations. Errors in the reasons are a frequent starting point for an appeal on points of law.

Possible legal consequences and measures

The main consequences are a fine (imposed in daily units) or a custodial sentence, which may be suspended on probation. In addition, measures of rehabilitation and security may be ordered – for example the withdrawal of the driving licence or a ban from a profession.

Ancillary consequences

Beyond the actual sentence, a judgment can have significant ancillary consequences: the confiscation of proceeds or objects, the withdrawal of the driving licence with a bar period (§§ 69, 69a StGB) or a driving ban (§ 44 StGB). Entries in the certificate of good conduct and professional or residence-related consequences may also follow.

Appeal deadlines: act quickly

Time is critical. An appeal on fact and law (Berufung) or an appeal on points of law (Revision) must be lodged within one week of the pronouncement of the judgment. For the appeal on points of law, the grounds must additionally be submitted within one month of service of the written judgment. Missing these deadlines generally makes the judgment final.

Reinstatement where a deadline is missed

If a deadline was missed through no fault of your own, reinstatement into the previous position (Wiedereinsetzung, §§ 44, 45 StPO) may be possible. The application must be filed without delay and the obstacle substantiated.

Retrial after a final judgment

Even a final judgment is not always the end. Under narrow conditions a retrial (Wiederaufnahme, §§ 359 ff. StPO) is possible – for example where new facts or evidence emerge that are likely to lead to an acquittal or a substantially milder sentence.

Commencement and enforcement of the sentence

Once the judgment is final, enforcement begins. The public prosecutor, as the enforcement authority, summons the convicted person to begin the sentence. At this stage, too, options exist – for example deferral, the avoidance of a default custodial sentence or, later, early release.

Have you received a judgment or a penalty order? Get in touch – we will examine the prospects of an appeal and the deadlines that apply.

Note: This article is general and does not replace advice in an individual case. The assessment always depends on the specific circumstances.

Verfasst von Rechtsanwalt Philip Bafteh, Strafverteidiger in Bonn. Philip Bafteh veröffentlicht regelmäßig zu strafrechtlichen und wirtschaftsrechtlichen Themen und verteidigt Beschuldigte in Ermittlungs- und Hauptverfahren.

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Zuletzt aktualisiert: Juni 2026