Reopening a final conviction: Wiederaufnahme.
A final judgment can be set aside only in exceptional cases. We assess honestly whether there is a way, search for new facts and evidence and conduct the proceedings through to a new trial.
Call in confidence · +49 69 24746870
New evidence.
New trial.
When a case can be reopened.
In favour of the convicted person, mainly where new facts or evidence, alone or together with the earlier evidence, can justify an acquittal or the application of a milder law (section 359 no. 5 StPO). Further grounds include forged documents, false testimony, misconduct by a judge and a violation found by the European Court of Human Rights. Reopening solely to obtain a different sentence under the same provision is not permitted (section 363 StPO).
Three stages.
A different court first examines admissibility, then takes the evidence offered and, if the application is well founded, orders a new trial. The application must be signed by a lawyer and set out the grounds in full. There is no time limit, and reopening is also available against a final penalty order (Strafbefehl).
One partner. From the first call to the conclusion.
From the outset you speak with the partner who actually runs your case, not with an apparatus.
Reopening, briefly explained.
Is there a deadline for reopening?
No. The application is not subject to a time limit and is possible even after the sentence has been served.
Can you act if another lawyer handled the original case?
Yes. We review the closed file, assess the prospects in writing and only then file the application.
General information on German law, not legal advice for an individual case. The German version of this page: Deutsch.
Doubts about a final judgment?
Speak with us. We will tell you openly whether reopening has a chance.
Call in confidence · +49 69 24746870