!!!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.

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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.

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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.

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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.


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