Appeal against other decisions - national proceedings

Germany

Germany - Act on cooperation in criminal matters 1982 (2021) EN

Section 84h Authorisation following court decision

(3) There is no right of appeal against the authorisation decision.

Section 87j Appeal

(1) An appeal on points of law (Rechtsbeschwerde) may be filed against the decision given by the local court pursuant to section 87h (3) and section 87i (4) if leave to appeal is granted. Both the person concerned and the authorising authority may file such an appeal. After the respondent has been given the opportunity to make a statement, the local court submits the files to the court hearing the appeal, via the public prosecution office, for a decision.

(2) Unless otherwise provided for under this Act, the provisions of the Code of Criminal Procedure and of the Courts Constitution Act on an appeal on points of law (Revision) apply accordingly to the appeal and further proceedings.

(3) The time limit for filing an appeal on points of law begins to run upon service of the decision.

(4) The court hearing the appeal decides by way of court order.

(5) If the court hearing the appeal quashes the contested decision, then in derogation from section 354 (1) and (2) of the Code of Criminal Procedure it may itself decide on the matter or refer it back to the local court whose decision was quashed or to another local court in the same Land.

(6) Section 42 applies accordingly to further proceedings.

Section 90i Authorisation following court decision

(3) There is no right of appeal against the authorisation decision.

Section 96d Appeal

(1) Persons concerned may file an immediate complaint in accordance with the provisions of Article 33 of the Freezing and Confiscation Regulation against the decision on the recognition and enforcement of the freezing order or confiscation order.

(2) Where the immediate complaint refers to a decision given by a regional court, section 42 applies accordingly to further procedure.

Germany - Criminal Procedure Code 1950 (2024) EN

Section 296
Persons entitled to file appellate remedies

(1) Both the public prosecution office and the accused are entitled to file the appellate remedies admissible against court decisions.

Rome Statute

Article 82 Appeal against other decisions

1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:

(a) A decision with respect to jurisdiction or admissibility;

(b) A decision granting or denying release of the person being investigated or prosecuted;

(c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;

(d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.

2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.

3. An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.

4. A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.