Revision request
A request for revision is made within the framework of the revision and decided by the appeal court.
Pursuant to Section 345 (1) of the Code of Criminal Procedure , requests for revision ( Section 344 (1) of the Code of Criminal Procedure) must be submitted no later than the expiry of the time limit for the reasons for the appeal. The accused can only do this in writing signed by the defense counsel or a lawyer or in the minutes of the office ( Section 345 (2) StPO).
Usual requests for revision are the request to set aside the judgment with the findings, to refer it back to another panel for a new hearing, to acquit the accused by the appellate court or to terminate the proceedings. The appellant delimits his legal remedy and his will to contest with the appeal request. He can also exclude the failure to order placement in a psychiatric hospital or rehab facility from the appeal. Individual procedural acts ( Section 264 of the Code of Criminal Procedure) can also be excluded from the attack on legal remedies, making them legally binding (vertical legal force).
The defendant's lack of a petition for revision is not prejudicial if the complaint has been made, since it is thus certain that the judgment is to be appealed in full.
Individual evidence
- ↑ Meyer-Goßner / Schmitt, StPO, § 344 Rn. 2; Federal Court of Justice, decision of June 11, 1981, 1 StR 303/81 ; Federal Court of Justice, decision of February 10, 1988, 3 StR 556/87 ; Federal Court of Justice, decision of May 27, 1982, 2 StR 160/82 ; Higher Regional Court Hamm, order of November 3, 1981, 5 Ss OWi 2225/80 ; Reichgericht RGSt 56, 225
