The Criminal Judgment: Structure, Consequences, Appeals and Commencement

At the end of a trial, the court pronounces its judgment. The presiding judge reads out the operative part and gives brief oral reasons, often within a few minutes. Many defendants leave the courtroom without knowing exactly what the judgment means for them, which deadlines are now running and when they must begin a prison sentence. Yet pronouncement starts a deadline of only one week in which a decision on appeal must be made. We explain how a German criminal judgment is structured, what consequences it can have and what happens next.

Structure of the judgment: operative part and reasons

A criminal judgment consists of the operative part (Tenor) and the reasons. The operative part is read out at the hearing (§ 268 StPO). It briefly states the decision on guilt and sentence and, where applicable, on measures, confiscation and costs, for example: “The defendant is sentenced for fraud in two cases to an aggregate prison sentence of one year, suspended on probation.” The written reasons under § 267 StPO contain the findings on the person and the offense, the evaluation of evidence, the legal assessment and the reasons for the sentence. The court must generally file the complete judgment within five weeks of pronouncement (§ 275 StPO); the period is extended for long trials. If no appeal is lodged or all parties waive it, the court may write an abridged judgment (§ 267(4) StPO).

The verdict of guilt names the offense and the number of counts. An acquittal may be based on facts, because the offense was not proven, or on law, because the established conduct is not punishable. Proceedings may also be terminated by judgment, for example where the offense is time-barred or a required complaint is missing. After an acquittal, compensation for prosecution measures such as pre-trial detention may be available under the Act on Compensation for Criminal Prosecution Measures (StrEG).

Possible legal consequences and measures

Fines are imposed in daily rates, between 5 and 360, and up to 720 for several offenses (§§ 40, 54 StGB). The number of daily rates reflects guilt; the amount per rate depends on net income and ranges from 1 to 30,000 euros. Imprisonment ranges from one month to fifteen years or life (§ 38 StGB). Sentences of up to two years can be suspended on probation (§ 56 StGB), usually with conditions such as a payment or community service and instructions such as supervision by a probation officer.

Less well known are a warning with sentence reserved under § 59 StGB, where a fine is only set and not imposed if the offender stays out of trouble, and refraining from punishment under § 60 StGB where the consequences of the act have severely affected the offender. Since 2017, a driving ban of up to six months can be imposed as an additional penalty for any offense (§ 44 StGB). Proceeds and instruments of crime are confiscated under §§ 73 et seq. StGB.

Regardless of guilt, the court may order measures of rehabilitation and security if the offender poses a danger (§ 61 StGB): committal to a psychiatric hospital (§ 63 StGB), which is indefinite and regularly reviewed; committal to an addiction treatment facility (§ 64 StGB); preventive detention (§ 66 StGB); supervision of conduct; withdrawal of the driving licence with a ban period (§ 69 StGB); and a professional ban (§ 70 StGB). Withdrawal of the driving licence is the most common measure in practice, especially after drink-driving and hit-and-run offenses.

Ancillary consequences

Many consequences are not stated in the judgment but arise from other laws. Every conviction is entered in the Federal Central Register. For first offenders, fines of up to 90 daily rates and prison sentences of up to three months do not appear in the standard certificate of good conduct if there is no other entry. Civil servants automatically lose their status if sentenced to at least one year for an intentional offense, and for certain offenses already at six months. Anyone sentenced to at least one year for a felony loses the capacity to hold public office for five years (§ 45 StGB). There are also consequences under immigration law, firearms law, driving licence law and professional regulations.

Appeal deadlines: act quickly

Judgments of the local court can be appealed on facts and law to the regional court (Berufung, § 312 StPO), which leads to an entirely new hearing with new evidence. For fines of up to 15 daily rates, such an appeal is only admissible if the appeal court accepts it (§ 313 StPO). Judgments of the regional court can only be challenged by an appeal on points of law (Revision) to the Federal Court of Justice or the higher regional court, which reviews the judgment solely for legal errors. A local court judgment can also be taken directly to Revision instead of Berufung (§ 335 StPO).

Berufung and Revision must be lodged within one week of pronouncement (§§ 314, 341 StPO). A Revision must also be substantiated within one month after service of the written judgment (§ 345 StPO), by a lawyer or on record at the court registry. If only the defendant appeals, the judgment may not be changed to their detriment (§§ 331, 358(2) StPO). If the prosecution also appeals, the sentence may increase. More on this on our page on appeals on points of law.

Reinstatement where a deadline is missed

If no appeal is lodged in time, the judgment becomes final. Anyone who missed the deadline through no fault of their own, for example because of illness or because service did not reach them, can apply for reinstatement (§§ 44, 45 StPO). The application must be made within one week after the obstacle ceases, and the missed appeal must be lodged at the same time. Fault on the part of defense counsel is not attributed to the defendant.

Retrial after a final judgment

Even a final judgment can be set aside in exceptional cases. A retrial in favour of the convicted person is possible under § 359 StPO mainly where new facts or evidence are presented that could justify an acquittal or a substantially milder sentence. The hurdles are high and the proceedings demanding. In 2023 the Federal Constitutional Court declared unconstitutional the provision introduced in 2021 that allowed a retrial to the detriment of acquitted persons on the basis of new evidence.

Commencement and enforcement of the sentence

Only after the judgment becomes final. The public prosecutor, as the enforcement authority, summons the convicted person in writing to report to a specific prison, usually giving at least one week. Anyone who fails to appear is sought with a warrant (§ 457 StPO). On application, enforcement can be postponed for up to four months if immediate enforcement would cause considerable disadvantages to the convicted person or their family beyond the purpose of the sentence (§ 456 StPO), for example to arrange childcare or secure a job. For shorter sentences, an open prison may be possible. After serving two thirds, and for first-time prisoners with sentences of up to two years possibly after half, the remainder can be suspended on probation (§ 57 StGB).

Anyone who does not pay a fine must serve a default prison term. Since February 2024, one day of default imprisonment corresponds to two daily rates (§ 43 StGB). Instalments or community service can avert it; an early application to the enforcement authority is important.

If you have received a judgment and are unsure whether to appeal, get in touch before the one-week deadline expires, or call +49 228 504 463 36. This information is general and does not replace advice in an individual case.

Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.

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Last updated: November 2026