Application for a stay of enforcement sent to the BGH by post

Dmitry Bagrash, Alt-Moabit 12a, 10559 Berlin — To the Federal Court of Justice, Karl-Heine-Straße 12, 04229 Leipzig. Berlin, 27.05.2025.

Subject: Application for a stay of enforcement under § 356a StPO in conjunction with Art. 103 Abs. 1 GG. In the proceedings (case reference: 5 StR 72/25 — receipt: 21.05.2025), I hereby apply, in addition to my complaint alleging a violation of the right to be heard under § 356a StPO, for a stay of enforcement of the decision of the Federal Court of Justice of 07.05.2025, served on 21.05.2025, until a decision on that complaint.

Grounds

The challenged decision violates my constitutionally guaranteed right to be heard under Art. 103 Abs. 1 GG. The Federal Court of Justice did not consider or passed over essential submissions in my grounds of appeal on points of law. I duly lodged a complaint alleging a violation of the right to be heard under § 356a StPO against that violation.

I am currently serving a prison sentence at Moabit Prison (Justizvollzugsanstalt Moabit), so the decision is already being enforced, although it may be set aside for violation of the right to be heard. I therefore face a specific and serious disadvantage if enforcement continues before a decision on my complaint.

To secure effective legal protection under Art. 19 Abs. 4 GG and uphold the principle of a fair trial, I therefore apply for a provisional stay of enforcement until a final decision on the complaint alleging a violation of the right to be heard that I have lodged.

Legal bases: § 356a StPO; Art. 103 Abs. 1 GG; Art. 19 Abs. 4 GG; BVerfG, order of 18.03.2009 — 2 BvR 122/09, NJW 2009, 1655.

Dmitry Bagrash