In brief

Judgments can be challenged by an appeal on fact and law or an appeal on points of law, orders by a complaint. The first brings a new hearing, the second only a legal review. Choosing between them is a strategic decision, not a formality.

The three remedies

An appeal on fact and law under Sections 312 et seq. StPO lies only against judgments of the local court. The small criminal chamber of the regional court rehears the case in full, with witnesses and evidence. For fines of up to 15 daily rates the appeal must first be accepted (Section 313 StPO).

An appeal on points of law under Sections 333 et seq. StPO reviews the judgment for legal errors only. Against first-instance judgments of the regional court the Federal Court of Justice decides; against appeal judgments the higher regional court, which for Bonn cases is the Higher Regional Court of Cologne. Against local court judgments a leapfrog appeal on points of law is possible instead (Section 335 StPO).

A complaint under Sections 304 et seq. StPO is directed against orders and directions, for example an arrest warrant, a search warrant or the refusal to appoint counsel. Where an immediate complaint is provided for, the period is one week (Section 311 StPO).

Appeal and objection

An objection to a penalty order is strictly speaking not an appeal but a remedy decided by the same court, not the next instance. In practice the difference lies in the risk. After an appeal lodged only by the defendant, the sentence may not be increased (Sections 331 and 358(2) StPO). After an objection to a penalty order, there is no such protection.

Deadlines and form

Both kinds of appeal: one week from pronouncement of the judgment, in writing to the court whose judgment is challenged. Grounds for an appeal on points of law must be filed within one month of service of the written reasons, by a lawyer or on the record at the registry (Section 345 StPO). Anyone who initially files simply an “appeal” can decide until the end of the period for grounds whether it is to be an appeal on fact and law or on points of law. This open filing buys time to see the written reasons.

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