NIX v. GERMANY DECISION 11 uniform has been found to amount, in itself, to the use of symbols of unconstitutional organisations within the meaning of Article 86a of the Code (see Munich Court of Appeal, no. 5 OLG 13 Ss 137/15, judgment of 7 May 2015). 2. The Code of Criminal Procedure 34. The relevant provisions of the Code of Criminal Procedure read as follows: Article 344 [Reasoning of an appeal on points of law] “(1) The appellant shall make a statement on the extent to which he contests the judgment and applies for it to be quashed (notices of appeal on points of law) and shall give reasons for his application. (2) The reasoning must show whether the judgment is contested because of a violation of the law of procedure or because of a violation of a different legal provision. In the former case the facts which constitute the defect have to be set out.” Article 345 [Time-limit for reasoning the appeal on points of law] “... (2) The defendant may only [submit notices of appeal and the grounds therefore] in the form of observations signed by defence counsel or a lawyer, or orally, to be recorded by the court’s registry.” 35. Whereas appeals on points of law alleging a violation of a provision relating to proceedings must set out the facts which constitute the defect within the meaning of Article 344 § 2, second sentence, of the Code of Criminal Procedure, it suffices for an appeal on points of law alleging a violation of a provision of substantive law if the appellant states that he or she alleges such a violation; it is not required that he or she elaborate the grounds for such an appeal. Where the appellant does not provide specific grounds for an appeal alleging a violation of a provision of substantive law, or does not make a valid submission in that regard, the Court of Appeal is required to examine ex officio whether the appealed judgment violated a provision of substantive law. 36. Where the reasoning of an appeal on points of law is not submitted in the form of observations signed by a lawyer, but orally (to be recorded by the court’s registry), Article 345 § 2 of the Code of Criminal Procedure requires, in accordance with the consistent case-law of the domestic courts, that the judicial officer (Rechtspfleger) advise on making pertinent submissions in line with the formal requirements so as to secure the interests of the appellant and to avoid the Court of Appeal having to examine ill-founded or incomprehensible submissions (see, for example, Federal Court of Justice, no. 3 StR 88/96, decision of 21 June 1996). Therefore, submissions regarding the grounds for an appeal on points of law are, as a rule, inadmissible where the judicial officer merely writes down