Reason for revision
As a reason for appeal in procedural law one error in the application of substantive or procedural law is referred to the existence of the appeal lodged by a party appeal of revision is based.
A revision can only be based on the fact that the decision on the violation of federal law or other regulation is based , § 545 ZPO , § 337 Code of Criminal Procedure . According to this, absolute and relative reasons for revision differ .
Absolute reasons for revision
Absolute reasons for a revision are such serious violations or violations of procedural principles of such high importance that the judgment is to be viewed as based on the violation in any case.
Absolute reasons for revision of civil procedure law
According to § 547 ZPO there is an absolute reason for revision in civil proceedings,
- if the court was not properly staffed.
- if a judge participated who was excluded from the exercise of judicial office by law.
- if a judge participated, although he was previously rejected due to bias and the request for rejection was declared to be well founded.
- if one party was not properly represented and did not approve the conduct of the litigation .
- if the public has been violated.
- if the decision was not given reasons contrary to the statutory provisions.
Absolute reasons for revision of criminal procedural law
In Criminal apply after the final list in § 338 , the same absolute grounds for revision Code of Criminal Procedure mainly with the proviso is that everything is related to the judge, also applies in criminal proceedings to the aldermen. This is the case, for example, with exclusion from judicial office , Section 338 No. 2 StPO. Only those directly affected by the procedural violation are entitled to complain .
There is also an absolute reason for revision in criminal proceedings if
- if the court's jurisdiction to wrongly adopted.
- if the main hearing took place in the absence of the public prosecutor or of a person whose presence is required by law.
- if the defense has been restricted in an essential point by a decision of the court.
Relative reasons for revision
With relative revision reasons, however, must the appellate court find that the Rely of the judgment is not excluded on the infringement anyway. The auditor must therefore speak on this point in any case.
Individual evidence
- ↑ Meyer-Goßner / Schmitt, 58th edition, 2015, § 338, Rn. 4th
