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Criminal cases; information on hearings and decisions before the regional court (appeal instance)

The criminal divisions of the regional courts decide on appeals against the criminal verdicts of the criminal judge and the lay assessor's court.

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Landgericht Amberg
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Street address

Regierungsstr. 8-10
92224 Amberg

Postal address

Postfach 1753

92207 Amberg

Amtsgericht Schwandorf
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Street address

Kreuzbergstr. 19
92421 Schwandorf

Postal address

Kreuzbergstr. 19

92421 Schwandorf

Procedure details

Which court and which panel of judges is responsible for hearing and deciding a criminal case is determined by law. The criminal chambers of the regional court are responsible for hearing and deciding on appeals against the judgments of the criminal judge and the lay assessors' court. In these proceedings, the criminal chambers decide with one professional judge (presiding judge) and two lay assessors (so-called "small criminal chamber").

The court of appeal reviews the first-instance judgment to the extent that it was contested. If, for example, the defendant has limited his appeal to certain points of complaint (such as the sentence), only these points of complaint will be reviewed. If the appeal is found to be well-founded, the court of appeal must decide the case itself, setting aside the judgment of the court of first instance. The judgment may not be changed to the detriment of the defendant in terms of the type and amount of the legal consequences if only the defendant or the public prosecutor has appealed in his favor.

In criminal proceedings, the court fees are calculated on the basis of the legally binding sentence. The costs of a withdrawn or unsuccessfully lodged appeal are borne by the person who lodged it. The lawyer's fees for the criminal proceedings are only determined by the framework (so-called framework fees). Lawyers determine the fee in each individual case at their reasonable discretion, taking into account all circumstances, in particular the scope and difficulty of the lawyer's work, the importance of the matter and the client's income and financial circumstances.

The appeal must be lodged with the court of first instance (local court) within one week of the pronouncement of the judgment for the record of the court registry or in writing.

An appeal against a district court judgment in a criminal case is an appeal on points of law.

Status: 05.03.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Justiz
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