Blocking appeal

Blocking appeal is a term from German criminal procedural law .

The designation is based on the provision in Section 335 (3) of the Code of Criminal Procedure , that if a judgment issued in criminal proceedings is challenged by one party with the appeal and another with the appeal , both legal remedies are treated as an appeal. This gives the public prosecutor the opportunity to "lock" a jump revision of the defense by filing an appeal. Nevertheless, the requests for revision and the reasons for them must be submitted in the prescribed form and within the prescribed period and served on the opponent. If the appeal is withdrawn, the originally blocked revision is revived. If an appeal judgment is issued, the appeal made becomes irrelevant.

The public prosecutor's office is not permitted to lodge a blocking appeal according to number 147 paragraph 1 of the RiStBV administrative regulation . A violation of this, however, is without sanction.