Reply from the court
I received a reply without a prescribed form from Presiding Judge Groß of the Regional Court (VRiLG)Presiding Judge at Landgericht Berlin I (Berlin Regional Court I) in criminal case 522 Ks 5/23. Dmitry Bagrash publicly alleges that he altered the judgment after the fact; on 02.09.2026 he filed a criminal complaint on that basis. No decision has yet been made on the complaint; the presumption of innocence applies. to my application of 10.12.2024. It informed me that access to the case file was no longer possible because the file was no longer at the court. “Furthermore, I would point out that the deadline for submitting the grounds for the appeal on points of law (Revision)The grounds for the appeal on points of law against the judgment of 22.07.2024, submitted by court-appointed defence counsel on 28.11.2024. has expired, and the law provides no possibility of extending it in this case.”
Commentary — Dmitry Bagrash’s assessment
In my application, I expressly requested an extension of the deadline for submitting a supplement to the grounds for the appeal on points of law. Instead of addressing that request, I received a reply without a prescribed form dealing exclusively with the supposedly expired deadline for submitting grounds for the appeal. This was misleading, as the deadline for supplementing the grounds for my appeal had not expired at that point. It appears that a deliberate attempt was made here to mislead me about the actual legal position. (See also the legal position concerning Case 2.) (Anlage 3_F2)
Landgericht Berlin I (Berlin Regional Court I), Regional Court for Criminal Matters, Turmstraße 91, 10559 Berlin. Case reference: 522 Ks 5/23, 176 Js 4/22. To Mr Dmitry Bagrash, JVA Moabit (Moabit Prison), prisoner register no. 2796/22-6. Date: 12.12.2024.
In the criminal proceedings against Dmitry Bagrash on charges of attempted murder and other offences. Dear Mr Bagrash, in the proceedings concerning you, I refer to your application of 10 December 2024, which was received here yesterday. In this regard I must inform you that the case file is no longer here, because after receipt of the grounds for the appeal on points of law from your defence counsel, lawyer Römer, it was sent to the Generalstaatsanwaltschaft Berlin (Berlin Prosecutor General’s Office) for onward transmission to the Bundesgerichtshof (Federal Court of Justice). Thus, for this reason alone, I would in purely practical terms be unable to grant access to the case file.
Furthermore, I would point out that the deadline for submitting grounds for the appeal on points of law has expired, and the law provides no possibility of extending it in this case. I will, however, send copies of your application and this letter to your defence counsel for his information, and will also forward your application immediately to follow the case file.
Yours sincerely, Groß, Presiding Judge at the Regional Court. Certified as a true copy: Berlin, 12.12.2024, Schlägel, JOSekr’in, court registry officer (Urkundsbeamtin der Geschäftsstelle). Certified by automated processing — valid without a signature.
Source of the document
Anlage 3_F2 (letter from the Regional Court of 12.12.2024): Anlage 3_F2(1).pdf / Anlage 3_F2(2).pdf / Anlage 3_F2.pdf
This letter is also cited as evidence in the later dispute over access to the case file (F2-017).