2. “Revision”: Appeal on points of law only
“Revision” is a legal remedy which – unlike “Berufung” – can only be based on an infringement of the law. No second factual instance is currently being opened. In the appeal, it is examined whether the first instance decision was reached in a proper procedure and whether the penal provisions were correctly applied.
Either the Higher Regional Court or the Federal Supreme Court is responsible for “Revision”. The Higher Regional Court decides on “Revision” against appeal rulings of the Regional Court after a first-instance ruling of the Local Court. The Federal Court of Justice decides on “Revision” against first instance judgments of the Regional Courts and Higher Regional Courts.
A special form of appeal is the immediate appeal on law only. It can be considered against first instance judgments of the local courts. If one has nothing to object to the actual findings of the first-instance judgment, but only doubts the legal evaluation, one can – without first having to appeal to the Regional Court – attack the judgment immediately with an immediate “Revision” to the Higher Regional Court.
An immediate “Revison” can only be lodged by an accused person or his defence counsel if the public prosecutor’s office has not lodged “Berufung”. Because in this case the entire procedure would be continued as a “Berufung”. If the public prosecutor’s office files a so-called “blocking appeal”, additional costs may therefore arise for a procedure of “Berufung” before one has the opportunity to have a disputed legal question clarified by a higher court.