Can I appeal against the court's judgment or decision ?
As a private accessory prosecutor or if you are entitled to join the proceedings as a private accessory prosecutor, you can in principle appeal a judgment. However, an appeal is not possible, for example, if you are merely not satisfied with the sentence. If you or your lawyer are present at the hearing, the time-limit for your appeal starts with the pronouncement of the judgment. Otherwise it starts after the judgment is sent to you. The deadline is usually one week.
As a private prosecutor you have rights that are comparable to those of a public prosecutor in normal proceedings.
Is further appeal possible?
You may file further appeals in line with the provisions applicable to the relevant instance.
What rights do I have after the judgment becomes final?
If you apply for it, you have the right to be informed whether proceedings have been terminated, how the trial has ended, including whether the accused has been instructed not to contact you or communicate with you. You can also be informed whether a custodial measure has been ordered against the accused or has ended or - in the event of a legitimate interest - whether a relaxation of the conditions of detention or leave has been granted for the first time. You can only get a copy of the judgment if you are a private accessory prosecutor.
If you apply in writing, you may receive information about where the accused is living after he/she is released from prison and about his/her financial situation if you are intending to make a claim related to the crime.
You can continue to be covered by protection measures if the threat against you persists.
- German Code of Criminal Procedure (Strafprozessordnung) – in German and English
- German Criminal Code (Strafgesetzbuch) – in German and in English.
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Last update: 13/04/2018