In brief

An appeal on fact and law is a second trial: a new hearing, new evidence, a new judgment. If only the defendant appeals, the sentence may not be made worse.

An appeal lies against judgments of the single judge and the lay assessor court (Section 312 StPO). It must be lodged with the local court within one week of the judgment being pronounced (Section 314 StPO). Reasons are not required but may be submitted within a further week after the deadline or after service of the judgment (Section 317 StPO).

For minor sentences there is a hurdle: if the defendant was fined no more than 15 daily rates, the appeal is only admissible if the regional court accepts it (Section 313 StPO). It refuses where the appeal is obviously unfounded.

The hearing before the regional court

The small criminal chamber, with one professional judge and two lay assessors, is competent (Section 76 GVG). It rehears the case in full. Witnesses are heard again, earlier applications for evidence can be repeated and new ones made. If the defendant fails to appear without excuse and is not represented by counsel with a power of attorney, the appeal is dismissed without a hearing (Section 329 StPO).

If only the defendant has appealed, the prohibition of a harsher sentence applies (Section 331 StPO). If the prosecutor has appealed as well, that protection falls away.

Limitation and strategy

The appeal can be limited to particular points, often to the sentence (Section 318 StPO). The finding of guilt then stands and only the sentence is argued. This makes sense where the offence is established but the sentence is too high, or where circumstances have changed since the first judgment, for example through therapy or compensation. It also spares witnesses from testifying again, which matters especially in distressing cases.

Against the appeal judgment, an appeal on points of law lies to the higher regional court, for Bonn the Higher Regional Court of Cologne. Instead of the appeal on fact and law, a leapfrog appeal on points of law can be chosen directly against the local court judgment. Which route is better depends on whether the problem lies in the facts or in the law.

General explanation, not advice on an individual case. As of November 2026.