Appellate Law for Public Prosecutors

theme No.: 21c
responsible federal state: Berlin
date: 19.06.2023 - 23.06.2023

In addition to a general introduction to appeals on points of law, it will deal primarily with public prosecutors’ perspective on this legal area. In particular, along with a general assessment of when public prosecutors should appeal, the following issues will be addressed:

• Justification of complaints on grounds of substantive or procedural misapplication of the law (also with regard to Section 156 (2) “RiStBV” = Guidelines for the Proceedings in Criminal and Misdemeanour Matters)
• Justification of an appeal against a sentence
• Response to complaints on grounds of procedural errors
• Judicial Review of the appraisal of evidence and the individualized sentencing by the trial judge
• Plea agreements in criminal cases

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