Application to the Federal Court of Justice (BGH) for provisional acceptance of parts 5, 6 and 7 of the supplements to the statement of grounds for the appeal on points of law

Dmitry Bagrash, Alt-Moabit 12a, 10559 Berlin — To the court hearing the appeal on points of law at the BGH, Karl-Heine-Straße 12, 04229 Leipzig. Berlin, 07.04.2025. File reference: 5 StR 72/25 (522 Ks 5/23; 176 Js 4/22).

Subject: Provisional acceptance of parts 5, 6, 7 of the supplements to the appeal on points of law (Revision).

Dear Sir or Madam, I hereby apply for provisional acceptance of parts 5, 6 and 7 of the supplements to the appeal on points of law because of unlawful refusals by the competent bodies to accept and forward them.

1. Unlawful refusal of acceptance by JVA Moabit

The registry officers at JVA Moabit unlawfully refused to accept parts 5, 6 and 7 of the supplements to the statement of grounds for the appeal on points of law — a violation of Art. 103 Abs. 1 GG.

2. Failure to process the application for an interim order

Despite its timely submission, my application for an interim order was not processed. Under § 32 Abs. 1 BVerfGG, an interim order is required where there is a risk of violation of fundamental rights.

3. Failure to forward part 2 of the supplement to the statement of grounds for the appeal on points of law

Although part 2 was duly submitted for entry on the record, Groß, presiding judge at the Regional Court (VRiLG), refused to forward it to the court hearing the appeal on points of law.

4. Call for journalists to come forward as witnesses

Enclosed is a call for journalists to come forward as witnesses, since my final statement in the courtroom was repeatedly interrupted by Judge Groß — contrary to his claim that my final statement had proceeded without interruption.

5. Explanation of the legal position for a future application to the EGMR

In view of the continuing violation of my right to be heard, I am preparing an application to the European Court of Human Rights (EGMR). Provisional acceptance of the supplements is indispensable to ensure that all domestic legal remedies are exhausted.

Application: I apply for immediate provisional acceptance of parts 5, 6 and 7 of the supplements to the statement of grounds for the appeal on points of law and for the supplement in part 2 already submitted to be forwarded without delay.

Yours sincerely, Dmitry Bagrash