Formal appeal

The Appeals department has six appellate sections whose responsibilities are largely based on how business is divided between the criminal divisions of the Federal Court of Justice. Like the 5th and 6th criminal divisions of the Federal Court of Justice, two of these appellate sections are based in Leipzig and serve these two criminal divisions.

The Appeals department also has a proceedings and law section which conducts representation in administrative and court proceedings. These may affect the top federal courts or the Office of the Federal Prosecutor itself. The Appeals department also develops statements on planned laws and constitutional complaints.

Formal appeals in criminal cases are not a further instance. The appeals court therefore does not record new evidence. The legal remedy of formal appeals merely enables verdicts to be checked for legal errors. They can only be used to object to technical, legal or procedural errors.

A technical error has been made if the facts of the case do not form a sufficient basis for the verdict, the facts of the case were honoured with legal errors, or the penalty handed down was assessed incorrectly.

A procedural error has been made if a procedural act prescribed in law has been conducted incorrectly or not at all, or an impermissible procedural act has been conducted.

Even without a main trial, the appeals court can decide by decree that it considers the appeal impermissible (§ 349 Para. 1 stop – Code of Criminal Procedure) or unanimously considers the application of the Office of the Federal Prosecutor clearly unfounded (§ 349 Para. 2 StPO) or unanimously considers an appeal placed on behalf of the defendant founded (§ 349 Para. 4 StPO). In all other cases, the appeals court rules by judgement based on a main trial (§ 349 Para. 5 StPO).

By exercising the tasks of a prosecutor in appeals proceedings in front of the Federal Court of Justice, the Office of the Federal Prosecutor not only ensures that justice in individual cases and punishments is proportionate to crimes – it also contributes to the continued development of criminal and criminal trial law in the Federal Republic of Germany.