Jump revision

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A leap revision exists if the appeal of the appeal is filed directly against first instance decisions of the lower courts (e.g. in Germany: district court , regional court in first instance, labor court , social court , administrative court ). With it, the second instance (the appeal ) is skipped. Instead, the legal dispute goes directly to the court of last instance (e.g. in Germany: Higher Regional Court , Federal Court of Justice , Federal Labor Court , Federal Social Court , Federal Administrative Court ). In contrast to the “skipped” appeal procedure , no factual determination takes place in the revision procedure, only legal questions are examined.

Whether and under what conditions a step revision is possible, and to what extent the first instance judgment is reviewed by the appeal court, is not subject to any uniform regulation, but differs in the various procedural rules.

Civil litigation (Germany)

A jump revision is concretely possible according to § 566 Abs. 1 ZPO ("allowed"), if

  • the appointment would be admissible,
  • the opponent agrees and
  • the appellate court allows the jump revision.

Pursuant to Sections 566, Paragraph 2, Sentence 2, Paragraph 8, Sentence 1, 548 , 551, Paragraph 1 of the Code of Civil Procedure (ZPO), the application for approval of the step revision - like the revision - must be submitted within one month of the announcement of the judgment by submitting a reasoned letter of approval to the appeal court . Pursuant to Section 566, Paragraph 7, Sentence 3 of the German Code of Civil Procedure (ZPO), the time limit for the revision begins with the delivery of the decision with which the jump revision is permitted.

Unlike the revision, the step revision cannot be based on a procedural complaint (Section 566 (4) sentence 2 ZPO). Mostly it is used to reprimand the violation of substantive law .

Above the critical revision in civil matters decides to § 133 GVG the Federal Court .

Criminal case (Germany)

The admissibility and implementation of the jump revision in criminal proceedings is based on Section 335 of the Code of Criminal Procedure . The jump revision is permissible against all judgments against which an appeal can also be lodged, and is intended to simplify the appeal. It enables the appellant to have the appellate court checked directly whether the court of first instance has made a legally correct decision, while a new hearing of evidence can take place before the court of appeal. At the same time, however, the appellant “loses” an instance in the appeal process by filing the leap revision. A referral back to the court of first instance can, however, “win” a new lower instance. The jump revision is made comparatively rarely.

Due to the jump revision, the judgment is checked by the appellate court to the same extent as in the case of an appeal against an appeal judgment; accordingly, the jump revision is also bound by the same regulations on form and deadline.

If several parties involved lodge different legal remedies, all legal remedies will be treated as an appeal (see also blocking appeal ).

A criminal division of the Higher Regional Court decides on the jump revision ( § 121 GVG).