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Plea of nullity to the Supreme Court: grounds and deadlines (Section 281 StPO)

Plea of nullity to the Supreme Court under Section 281 StPO: the grounds of nullity, registration within three days and elaboration within four weeks.

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29 June 2026 · Mag. Christopher Angerer, Rechtsanwalt

After a conviction by a lay-judge or jury court the question arises whether and how the judgment can be challenged. The plea of nullity to the Supreme Court is the central remedy for this. It is not a second evidentiary procedure but a legal review for certain defects listed in the law. The decisive point is that the registration must take place at very short notice.

This post explains from a legal perspective what the plea of nullity is directed against, what grounds of nullity Section 281 StPO provides, what deadlines apply for registration and elaboration and how the procedure before the Supreme Court works. This is general information, not advice in an individual case.

Which situation applies to you?

Four situations, one clear next step.

The plea of nullity is directed against judgments of the lay-judge and jury courts and must be registered within three days. Choose your situation and you will receive the key points and the next concrete step.

Already know you want to get in touch? Go straight to the enquiry form.

01 Question 1

What does your case involve?

The plea of nullity is directed against judgments of the lay-judge and jury courts and must be registered within three days. Choose your situation and you will receive the key points and the next concrete step.

All paths at a glance

Overview of all answers.

01

Judgment of a collegial court: examine the plea of nullity to the Supreme Court.

Against judgments of the lay-judge and jury courts a plea of nullity may be brought to the Supreme Court. It is not a new evidentiary procedure but a review of the judgment for certain grounds of nullity listed in the law under Section 281 StPO.

From a legal perspective a swift examination is decisive, because the registration must take place within three days of the pronouncement of the judgment. Make contact early so that the deadline is preserved.

In depth: what the plea of nullity is →
02

Defects in the reasoning of the judgment: the complaint of defects under Section 281 para 1 no 5 StPO.

If the reasoning of the judgment is unclear, incomplete, contradictory or lacks sufficient reasoning, the complaint of defects under Section 281 para 1 no 5 StPO comes into consideration. In addition, the challenge of facts under no 5a allows serious doubts about the correctness of decisive factual findings to be raised.

From a legal perspective the precise analysis of the reasons for the judgment and of the record of the hearing is required. The challenge must address the identified defects precisely.

In depth: the grounds of nullity →
03

Incorrect legal assessment: examine the challenge of law and the challenge of subsumption.

If the established facts are assessed incorrectly in law, the substantive grounds of nullity come into consideration, in particular the challenge of law under Section 281 para 1 no 9 StPO and the challenge of subsumption under no 10. With the challenge of sentencing under no 11 an exceeding of the sentencing power can be raised.

From a legal perspective substantive challenges must proceed from the established facts and may not call them into question. The correct selection and elaboration of the ground of nullity is therefore central.

In depth: the grounds of nullity →
04

Running deadline: the registration within three days must not be missed.

The plea of nullity must be registered with the court within three days of the pronouncement of the judgment. The more detailed elaboration of the grounds may follow within four weeks of the registration. If the registration deadline is missed, the remedy is as a rule lost.

From a legal perspective swift action is decisive in this situation. The registration preserves the deadline; the substantive elaboration follows afterwards.

In depth: registration and elaboration →

What the plea of nullity is and what it is directed against

The plea of nullity is a remedy to the Supreme Court.

Scope. It is directed against judgments of the lay-judge and jury courts. The Supreme Court decides on it.

No new instance for facts. The plea of nullity is not a second evidentiary procedure. The Supreme Court does not review the judgment anew on the substance but checks it for certain grounds of nullity listed in the law.

From a legal perspective this limitation is important, because it determines which objections can be raised at all.

The grounds of nullity under Section 281 StPO

Section 281 para 1 StPO lists the grounds of nullity exhaustively. They can be divided into formal and substantive grounds.

Complaint of defects (no 5). It concerns errors in the reasoning of the judgment, such as lack of clarity, incompleteness, contradictoriness or the absence of sufficient reasoning of the decisive facts.

Challenge of facts (no 5a). With it, serious doubts arising from the file about the correctness of decisive factual findings can be raised.

Challenge of law and challenge of subsumption (no 9 and no 10). They concern the incorrect legal assessment of the established facts, such as an erroneous subsumption under the criminal offence. With the challenge of sentencing (no 11) an exceeding of the sentencing power can be raised. From a legal perspective substantive challenges must proceed from the established facts.

Registration and elaboration: the deadlines

With the plea of nullity two steps and two deadlines must be observed.

Registration within three days. Under Section 284 StPO the plea of nullity must be registered with the regional court within three days of the pronouncement of the judgment. This short deadline must not be missed.

Elaboration within four weeks. Under Section 285 StPO the complainant may submit a written elaboration of the grounds within four weeks of the registration.

From a legal perspective the timely registration preserves the remedy, while the substantive reasoning takes place in the elaboration. If the registration deadline is missed, the remedy is as a rule lost.

The procedure before the Supreme Court

After the elaboration is submitted, the procedure before the Supreme Court follows.

Examination of the grounds. The Supreme Court examines whether a ground of nullity raised exists. If the plea is well founded, the judgment can be set aside in whole or in part.

Possible consequences. If the judgment is set aside, a referral back for a new hearing often comes into consideration. In certain cases the Supreme Court may also decide on the substance itself.

From a legal perspective the careful selection and elaboration of the grounds of nullity is decisive for the success of the plea.

Distinction from the appeal

The plea of nullity must be distinguished from the appeal.

Different thrusts. While the plea of nullity concerns legal errors and defects of reasoning, the appeal is directed against the ruling on the sentence and on private-law claims.

Often together. In practice both remedies are often brought together against a judgment of a collegial court, in order to be able to challenge both legal errors and the length of the sentence.

From a legal perspective the right combination of remedies is an important part of the strategy.

The most common mistakes after a judgment. Letting the short three-day registration deadline lapse. Assuming that the Supreme Court reviews the judgment on the substance like a second instance for facts. Basing substantive challenges on facts other than those established. In all cases the rule is: obtain legal advice immediately after the pronouncement and preserve the registration deadline.

Frequently asked questions

What you need to know about the plea of nullity.

Against which judgments is the plea of nullity possible? +

The plea of nullity is directed against judgments of the lay-judge and jury courts. The Supreme Court decides on it. It is not a second evidentiary procedure but a review for certain grounds of nullity listed in Section 281 StPO.

What deadline applies for registration? +

Under Section 284 StPO the plea of nullity must be registered with the regional court within three days of the pronouncement of the judgment. This short deadline must be observed strictly, because otherwise the remedy is as a rule lost.

By when must the plea be elaborated? +

Under Section 285 StPO the complainant may submit a written elaboration of the grounds within four weeks of the registration. The registration preserves the deadline; the substantive reasoning follows in the elaboration.

What is the difference from the appeal? +

The plea of nullity concerns legal errors and defects of reasoning of the judgment, whereas the appeal concerns the ruling on the sentence and on private-law claims. Against judgments of the collegial courts both remedies are often brought together.

What are the most important grounds of nullity? +

Among the most common are the complaint of defects under Section 281 para 1 no 5 StPO for defective reasoning, the challenge of facts under no 5a for serious doubts about factual findings, and the challenge of law and challenge of subsumption under no 9 and no 10 for incorrect legal assessment.

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Topics
plea-of-nullitysection-281supreme-courtcomplaint-of-defectschallenge-of-lawcode-of-criminal-procedure

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