Ask a lawyer on the topic of Other questions to lawyers

Appointment of appeal

August 25, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

At 9 o'clock I have a court hearing for an appeal I filed, yesterday I already informed the court via fax that I am withdrawing it, but one day before.

If I do not appear at 9 o'clock, will it be dismissed and will I receive mail in the coming days? Can I just let this appointment pass?

Or will a summons be ordered?

And what if my lawyer appears, but I do not?

Dr. Dr. Danjel-Philippe Newerla

Dear inquirer,

Thank you for your inquiry!

I would like to address your question as follows, taking into account the facts you have presented and your commitment:

You should appear in court for the main hearing, as otherwise the appeal will be dismissed according to § 329 StPO. It is not sufficient for only your attorney to appear.

However, if you were to be brought in by the police, the consequence would be the aforementioned dismissal at your expense.

Therefore, I advise you to attend the appointment and explicitly inform the court of your withdrawal once again.

I hope that I have provided you with some initial legal guidance, although I regret not being able to give you a more positive message. I wish you good luck and all the best!

I would like to point out the following:

The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.

I hope my explanations have been helpful to you. You are welcome to contact me via email or the follow-up option.

Have a pleasant Tuesday morning!

Kind regards,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-Law

Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Phone: 0471/3088132
Fax: 0471/3088316