Receipt of two orders of the BGH (Federal Court of Justice) of 07.05.2025
On 21.05.2025 I received two orders of the Bundesgerichtshof (Federal Court of Justice) of 07.05.2025:
1st order: on 07 May 2025 the 5th Criminal Senate of the Bundesgerichtshof made the following order under § 349 Abs. 2 StPO:
The defendant’s appeal on points of law against the judgmentThe judgment of LG Berlin (Berlin Regional Court) of 22.07.2024 initially contained no list of the provisions applied (§ 260 Abs. 5 StPO). This was added retrospectively only on 30.07.2025 — 373 days later and after the BGH’s decision. of Landgericht Berlin (Berlin Regional Court) of 22 July 2024 is dismissed.
The appellant shall bear the costs of the appeal.
All further applications by the defendant in this matter are dismissed.
2nd order: on 7 May 2025 the Presiding Judge of the 5th Criminal Senate of the Bundesgericht (Federal Court) made the following order:
The defendant’s application of 17 December 2024 to revoke the appointment of lawyer Römer as court-appointed defence counsel is dismissed.
The defendant’s applications for access to the case file are dismissed.
Commentary — Dmitry Bagrash’s assessment
The BGH dismissed my appeal on points of law (Revision) on the basis of a judgment that cited no provisions of the StGB. The correction order retrospectively adding the list of provisions is dated 30.07.2025 and reached me only on 07.08.2025 (see point 106).
Despite repeated submissions to the Bundesgerichtshof — both by post with proof of delivery and through the court registry officer — I received an initial response only on 21.05.2025. (For the annex, see Case 1)
I received the first response to my application to discharge the lawyer only after 155 days, and the issue of access to the case file was deflected (abgelenkt) only after as many as 162 days.
Source of the document
Note: No separate document is stored for this event in the Case 2 Drive index; the complainant himself identifies “Fall 1” as the location of the two BGH orders of 07.05.2025. The complaints of violation of the right to be heard (Anhörungsrügen) based on these orders are documented under F2-077, F2-078 and F2-073.