Danckert Bärlein Partner

Appellate Law

After the end of a criminal trial, an appeal is always a possibility. After a disappointing outcome in the fact-finding portion of a criminal trial, some have high hopes for an appeal, which must obey demanding technical rules.

The hopes placed in this “last chance” are only rarely fulfilled. An appeal in such cases involves purely legal questions, which generally are resolved by writing, without personal hearings. No evidence is taken. The subject-matter of the appeal is exclusively the written judgment of the lower court and the record of the trial. In addition, restrictive interpretations of admissibility criteria make it difficult to even obtain full consideration of appeals before a Higher Regional Court or the Federal Supreme Court.

Clients must therefore be presented with a realistic assessment of the chances of success on appeal, which is a complex procedure. If the client decides to move forward, the appeal must be prepared in a careful and expert manner. Often a judgment may be reversed on technical defects in the court’s written judgments or in court procedure, while other matters which the client feels are more important have little chance of success.

Our years of experience and many appeals have given our lawyers the competence to advise and defend our clients with their best interests at heart.

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