Judgment of the Berlin Regional Court I in criminal case 522 Ks 5/23
On 22.07.2024, the Berlin Regional Court I — 22nd large criminal chamber / Schwurgericht (serious crimes chamber) — delivered its judgmentThe judgment of the Berlin Regional Court (LG Berlin) of 22.07.2024 initially contained no list of the provisions applied (§ 260 Abs. 5 StPO). That list was inserted subsequently only on 30.07.2025 — 373 days later and after the Federal Court of Justice (BGH) decision. against Dmitry Bagrash in case (522 Ks) 176 Js 4/22 (5/23). The operative part convicted him of attempted murder in concurrence with attempted arson resulting in death (offences arising from one act), as well as computer fraud, unlawful abstraction of electrical energy and damage to property, and imposed an aggregate term of imprisonment of five years and four months.
The judgmentThe judgment of the Berlin Regional Court (LG Berlin) of 22.07.2024 initially contained no list of the provisions applied (§ 260 Abs. 5 StPO). That list was inserted subsequently only on 30.07.2025 — 373 days later and after the Federal Court of Justice (BGH) decision. is the starting point of case 1. It also forms the basis of the subsequent appeal-on-points-of-law proceedings (Revision), complaints alleging a violation of the right to be heard (Anhörungsrügen), the two constitutional complaints and the later European Court of Human Rights (ECtHR) documentation.
Commentary — assessment by Dmitry Bagrash
It should be noted in particular that, although the original operative part of the judgment named the offences and the aggregate sentence, a list of the Criminal Code provisions applied was added only later by a correction order. This circumstance is central to the chronology, because the Federal Court of Justice and the subsequent instances had already dealt with the case before the criminal provisions applied were subsequently added expressly.
Documents / annexes
📄 Read the judgment — complete original text with commentary →
Documents/annexes: URTEIL_LG_Berlin_22.07.2024.pdf / URTEIL_LG_Berlin_22.07.2024.docx; designated as Annex 10A in the constitutional complaints