Order of Berlin Regional Court (LG Berlin) of 30.07.2025
On 07.08.2025, I received the order of Berlin Regional Court (Landgericht Berlin) of 30.07.2025, by which the judgmentThe judgment of the Berlin Regional Court (LG Berlin) of 22.07.2024 initially contained no list of the provisions applied (§ 260 Abs. 5 StPO). That list was inserted subsequently only on 30.07.2025 — 373 days later and after the Federal Court of Justice (BGH) decision. of 22.07.2024 was subsequently “rectified” and supplemented with the list of applied criminal provisions.
Thus, for the first time — 373 days after delivery of the judgmentThe judgment of the Berlin Regional Court (LG Berlin) of 22.07.2024 initially contained no list of the provisions applied (§ 260 Abs. 5 StPO). That list was inserted subsequently only on 30.07.2025 — 373 days later and after the Federal Court of Justice (BGH) decision. and 84 days after the final order of the Federal Court of Justice (BGH) of 07.05.2025 — the list of applied statutory provisions was attached. Until then, the judgment of Berlin Regional Court had remained final without any indication of its statutory bases and had passed through the appeal on points of law (Revision) in this incomplete state.
The order contained no information on legal remedies. (Annex 65_F2)
Certified copy. Berlin Regional Court I (Landgericht Berlin I). Case reference: 522 Ks 5/23. 176 Js 4/22 V GenStA Berlin (Berlin General Public Prosecutor’s Office).
Order in the criminal proceedings against Dmitry Bagrash, born on 09.05.1968 in Moscow/Russian Federation, divorced, nationality: Russian, currently serving a sentence at Heidering Prison (Justizvollzugsanstalt Heidering), B.-Nr. 327/25-7, Ernst-Stargardt-Allee 1, 14979 Großbeeren, defence counsel: lawyer Bernd Römer, Wilmersdorfer Straße 157, 10585 Berlin, concerning attempted murder and other offences.
Berlin Regional Court I — 22nd large criminal chamber — Schwurgericht (chamber for serious crimes) — through Presiding Judge of the Regional Court Groß, Judge of the Regional Court Loewenthal and Judge of the Regional Court Schlimm, ordered on 30 July 2025:
The judgment of Berlin Regional Court I — 22nd large criminal chamber — Schwurgericht — of 22.07.2024 is rectified by adding the following list of applied provisions, to be inserted after the operative part of the judgment: “§§ 211, 248c Abs. 1, 263a Abs. 1 Var. 2, 303 Abs. 1, 306a Abs. 1 Var. 1, 306c, 22, 23 Abs. 1, 49, 52, 53, 73 Abs. 1 StGB”.
Reasons
There is an obvious clerical error.
Groß, Loewenthal, Schlimm — Presiding Judge of the Regional Court, Judge of the Regional Court, Judge of the Regional Court. Certified as a true copy: Berlin, 05.08.2025, Schlägel, JOSekr’in (judicial secretary), certifying official of the court registry.
Covering letter from the court registry of 05.08.2025: Dear Mr Bagrash, enclosed you will find a certified copy of the order of 30.07.2025. Yours faithfully, Schlägel, JOSekr’in (judicial secretary), certifying official of the court registry.
Commentary — assessment by Dmitry Bagrash
This order is the core of the entire case: the list of applied provisions under § 260 Abs. 5 StPO was added 373 days after the judgment and after the decision on the appeal on points of law by the Federal Court of Justice (Bundesgerichtshof) — described as rectification of a clerical error. The Bundesgerichtshof therefore decided the appeal on points of law against a judgment that did not contain the list of provisions at that time. The order contained no information on legal remedies.
Document source
Annex 65_F2 (rectification order of Berlin Regional Court I of 30.07.2025 with covering letter): Anlage_65_F2.pdf
This order is the central subject of the dispute in the following legal remedies: complaint of 26.08.2025 (F2-109), application for referral to the Kammergericht (Berlin Higher Regional Court) (F2-119), order of the Kammergericht of 31.10.2025 (F2-124) and constitutional complaint of 24.11.2025 (F2-128).