Objections

With the Sachrüge (also tangible complaint may be mentioned) in the revision be reprimanded in criminal proceedings, that the substantive law has been misapplied.

The factual complaint is raised by the fact that the auditor declares in the reasons for the appeal that he does not agree with the judgment from a factual and legal point of view. A more extensive justification is not prescribed (general complaint), but possible. However, if the reasoning shows that the application of the substantive law is not to be complained about, the complaint may become inadmissible. In response to the complaint, the appeal court ex officio examines the full reasons for the judgment, but not the minutes of the main hearing . Revisions in which the substantive complaint is not raised in addition to procedural complaints are possible, but rare. The complaint should therefore be made under all circumstances. This is also recommended by No. 150, Paragraph 5 of the RiStBV to the Rechtspfleger , if the reasons for the revision are recorded on the record.

If there are legal errors, the judgment is overturned. In addition to pure subsumption deficiencies, there is also the representation complaint as a sub-form of the factual complaint, with which incomplete, incomplete or contradicting factual statements can be complained about.

Arising from the judgment reasons indisputable procedural error, this Court is not prevented even without raised Verfahrensrüge the judgment set aside because of a procedural error.

If the reasons for the judgment are missing, a factual and legal examination is not possible, which means that the judgment must be set aside.