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Kompetenzen Strafverteidigung

Appeal on points of law

For defendants who were sentenced by a court, the appeal on points of law is often their last hope. In this situation it is only little comforting when statistics about the successes in appeals on points of law are presented. According to the statistics considerably less than 10 % of all appeals on points of law are successful. However, this statistical value doesn’t correspond to the chance of success in individual cases. The chance of success is definitely greater when the recorded grounds for a verdict show legal errors or depend on procedural errors.

Writing the grounds for appeal on issues of law requires special knowledge and even qualified experts in criminal law often dislike this kind of work. This is because of the special formal requirements which are demanded by the code of criminal procedure and jurisdiction to write such a statement. Even if the Federal Constitutional Court criticised the high requirements as “excessive” in its decision of 8 December 2005 (reference number: 2 BvR 4490/05), the fact that all successful reasons for appeal are a special challenge doesn’t change.

Lawyer Dr. Matthias Schütrumpf has written a large number of reasons for appeal during his work as a lawyer and due to this he has a wide experience in this field. In the law office DMS Duchon Meißner Schütrumpf he is the one who mainly deals with the writing of reasons for appeal.

 

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„It’s not enough to be in the right. You also have to consider the judiciary.“
(Dieter Hildebrandt)