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Berufung#

Appeal (Berufung), resort to a higher court against (1) criminal or (2) civil judgements as well as against Notification (3) in administrative procedures. The appeal, which has to state sound reasons, has a suspensive effect.


1) In a criminal case tried by jury, an appeal can only be made against the sentence, whereas in cases tried by district courts or by a single judge of a provincial court, appeals can also be made regarding procedural errors causing nullity as well as the question of guilt in general. An appeal has to be notified within three days after the pronouncement of judgement and has to be filed in writing within four weeks after the judgement has been served. Appeals are finally decided by a panel of three judges of the respective higher court.


2) Appeals against first-instance judgements in civil cases are decided by a panel of the respective higher court. The appeal has to be filed within four weeks after the serving of the judgement.


3) Appeals against decisions in administrative proceedings are decided by the next higher administrative authority. In certain cases, the first-instance authority can review or appeal its own decisions by what is called preliminary review, against which an appeal to the next higher authority can be made. The appeal has to be filed within two weeks after the decision has been served.