In brief

Legal force turns a decision into an end point. From then on the sentence is enforced, the conviction is registered, and correction is only possible through a retrial. The deadlines until then are short.

When a decision becomes final

In three cases: when the period for appeal expires unused, when everyone waives appeals, or when all instances are exhausted. The periods are tight. Objection to a penalty order: two weeks from service (Section 410 StPO). Appeal on fact and law and appeal on points of law: one week from pronouncement of the judgment (Sections 314 and 341 StPO), from service if the defendant was absent. Immediate complaint: one week (Section 311 StPO).

Waiving appeals directly after judgment is pronounced is effective and cannot be revoked. After a negotiated agreement, however, a waiver is excluded (Section 302(1) sentence 2 StPO). We regularly advise clients not to commit themselves on the spot in the courtroom.

The sentence becomes enforceable (Section 449 StPO). The conviction is entered in the Federal Central Criminal Register. A driving ban takes effect; a withdrawal of the driving licence makes it lapse. And Article 103(3) of the Basic Law protects against being prosecuted a second time for the same act. This applies after a final penalty order as well.

After that only a retrial under Sections 359 et seq. StPO remains, for example on new facts or evidence capable of supporting an acquittal. The hurdles are high and successful applications are rare.

Reinstatement

Anyone who missed a deadline through no fault of their own, for instance due to a hospital stay or because the letter demonstrably never arrived, can apply for reinstatement under Sections 44 and 45 StPO. The application must be made within one week of the obstacle ending, together with the missed step and a credible account of the reasons. According to case law a holiday of two weeks is usually excused if no post was to be expected.

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