Application to the BGH (Federal Court of Justice) for a judicial decision concerning inactivity under § 198 GVG. I submit an application for a judicial decision concerning inactivity under § 198 GVG. It concerns the Federal Court of Justice’s inactivity in connection with my application for an interim order (Annex 24_F2). (30 days later)
This application concerns, in particular, the failure to deal with the acceptance of my supplements to the statement of grounds for the appeal on points of law (Revision)The statement of grounds for the appeal on points of law (Revision) against the judgment of 22.07.2024, submitted by court-appointed defence counsel on 28.11.2024., parts 3 and 4, as well as other supplementary written submissions (Annex 31_F2)
Delivery by post took place on 09.04.2025.
Dmitry Bagrash, Alt-Moabit 12a, 10559 Berlin — To the Federal Court of Justice, Karl-Heine-Straße 12, 04229 Leipzig. Berlin, 07.04.2025.
Subject: Application for a judicial decision concerning inactivity under § 198 GVG, file reference: 5 StR 72/25.
Dear Sir or Madam, I hereby submit an application for a judicial decision concerning inactivity under § 198 GVG. It concerns the Federal Court of Justice’s inactivity in connection with my application for an interim order (Annex 24_F2, see above), which was delivered by post on 18.03.2025. No decision has been made to date. In its settled case law, the Federal Constitutional Court has clarified that a substantial delay in processing such applications violates the applicants’ fundamental rights (see BVerfG, order of 28.06.2012 — 2 BvR 123/12).
Repeated refusal to accept statements of grounds for the appeal on points of law (Revision)
The declarations in lieu of oath (Annexes 9/F2, 23/F2, 25/F2, 26/F2, 30/F2) show that acceptance of my statements of grounds for the appeal on points of law was refused without substantive examination and by reference to allegedly expired time limits. On 14.03.2025, court registry officers at Tiergarten Local Court refused to accept a supplement, although it was admissible without a time limit (see BGH, order of 17.07.2014 — IX ZB 33/14).
Applications
1. Judicial decision on the BGH’s inactivity concerning my application of 15.03.2025. 2. Finding that the delay is unlawful under § 198 GVG. 3. Order that the court take the necessary measures without delay. 4. Finding that the delay violates Art. 19 Abs. 4 GG and Art. 103 Abs. 1 GG.
Yours sincerely, Dmitry Bagrash
Commentary — Dmitry Bagrash’s assessment
I received no acknowledgement of receipt under §37 StPO
First official reaction: on 21.05.2025 I received a judicial response for the first time — the BGH order dated 07.05.2025
Source of the document
Annex 24_F2 (application for an interim order of 13.03.2025) is already documented in full at F2-036. Annex 31_F2 (application under § 198 GVG of 07.04.2025): Anlage_31_F2.pdf
The later BGH response of 07.05.2025 is documented at F2-070.