Immediate complaint
The immediate appeal a judicial appeal in civil proceedings (§ § 567 et seq. ZPO) or criminal ( § 311 Code of Criminal Procedure).
Immediate complaint in civil proceedings
Immediate complaint is one of the three remedies in civil proceedings .
use cases
The immediate complaint can be lodged in the first instance ,
- if an application pertaining to the proceedings was rejected and a decision could be taken without an oral hearing (e.g. rejection of the application for independent evidence , issuance of a temporary injunction or arrest and injunction ).
- if the law expressly allows an immediate complaint as a legal remedy (e.g. decision to fix costs , rejection of legal aid , interim judgments according to Section 135 (3) or Section 387 (3) ZPO).
Complaints procedure
If the court whose decision is contested considers the complaint to be well founded, it must rectify the complaint. Otherwise, the complaint must be submitted immediately to the appeal court ( Section 572 ZPO).
Appeal court
The immediate complaint can either be submitted to the court whose decision is being contested or to the next higher court in the area of appeal (according to § 569 ), e.g. B. in the case of a complaint against a decision of the local court to the regional court as the court of appeal and in the case of a decision of the regional court to the higher regional court as the court of appeal. According to Section 567 of the German Code of Civil Procedure (ZPO), no immediate appeal is possible against the decisions of a higher regional court.
Deadline
The immediate complaint must be lodged within an emergency period of two weeks, unless otherwise stipulated in the law (e.g. in Section 127 (2) sentence 3 ZPO: one month). A complaint against a decision to refuse legal aid must be filed within one month of this decision being served (ZPO). The period begins with delivery to the respective party. In the case of lawyers, delivery is confirmed by the so-called acknowledgment of receipt . The deadline for filing a complaint is one week in criminal and fines matters. But there is also the legal complaint. The legal complaint must be justified within one month of the delivery of the decision.
Another legal remedy
A legal complaint is open against decisions in the complaint procedure itself ( Section 574 ZPO). The appeal on points of law is also open against decisions in appeal proceedings and against first-instance decisions of the Higher Regional Court . It is designed in a revision-like manner. The court of appeal is always the Federal Court of Justice ( § 133 GVG).
Immediate complaint in criminal proceedings
The difference to the (simple) complaint in criminal proceedings is the deadline for filing ("immediate") and the partial prohibition of redress. An immediate complaint is only provided for certain cases that refer to the provision for an immediate complaint in the law.
The deadline for filing a complaint is one week ( Section 311 (2) of the Code of Criminal Procedure). It begins with the announcement according to § 35 StPO.
The immediate complaint must be lodged with the court whose decision is being contested ( analogous to Section 306 (1) StPO).
This court may not remedy the complaint ( Section 311 (3) sentence 1 StPO). This does not apply if the contested decision was based on a violation of the right to be heard ( Section 311 (3) sentence 2 StPO).
Otherwise, the matter must be presented to the appeal court immediately, if possible within three days ( analogous to Section 306 (2) StPO).
The competent court of appeal results from Section 73 (1) GVG, from Section 120 (3) and (4), Section 121 (1) No. 2 GVG and from Section 135 (2) GVG.
