Immediate complaint (sofortige Beschwerde) — application for forwarding to the Kammergericht (Higher Regional Court)
On 06.10.2025 I made a formal application to the Kammergericht Berlin (Higher Regional Court of Berlin), criminal division, for my immediate complaint of 26./27.08.2025 against the correction order of LG Berlin (Berlin Regional Court) of 30.07.2025 to be forwarded immediately under § 306 Abs. 2 StPO. Background: by letter of 23.09.2025, the Regional Court impermissibly forwarded my status inquiry and objection to delay to the Generalstaatsanwaltschaft (Prosecutor General’s Office), instead of submitting my immediate complaint to the court of complaint. I requested that the immediate complaint be treated as pending before the Kammergericht and decided, and that I be issued an acknowledgment of receipt under § 37 StPO. The Kammergericht dismissed this application by its order of 31.10.2025, which I challenge by my constitutional complaint of 24.11.2025. (Annex 77_F2)
Dmitry Bagrash, JVA Heidering (Heidering Prison), Ernst-Stargardt-Allee 1, 14979 Großbeeren — To the Kammergericht Berlin, criminal division, Elßholzstraße 30–33, 10781 Berlin. Prisoner registration number: 327/25-7. LG Berlin case reference: 522 Ks 5/23. GenStA case reference: 176 Js 4/22 V. 06.10.2025.
Immediate complaint — application for forwarding under § 306 Abs. 2 StPO
Facts: On 26.08.2025 I lodged within the time limit a complaint, alternatively an immediate complaint (sofortige Beschwerde), reinstatement of the time limit (Wiedereinsetzung), alternatively a complaint concerning violation of the right to be heard (Anhörungsrüge) and a request for reconsideration by the same court (Gegenvorstellung), against the Regional Court of Berlin’s order of 30.07.2025 (“correction” of the judgment of 22.07.2024 by first including the provisions applied). Delivery of the item to LG Berlin on 27.08.2025 is evidenced (tracking number: RR98 2267 909DE). On 17.09.2025 I also filed a status inquiry with an application for forwarding under § 306 Abs. 2 StPO and an objection to delay under § 198 Abs. 3 GVG. By letter of 23.09.2025 (served on 30.09.2025), the registry of LG Berlin told me my submissions had been “forwarded to the Prosecutor General’s Office”. This letter bears only the electronic signature of a registry official (JOSekr’in Schlägel), with no judge’s signature.
Legal assessment: Under § 306 Abs. 2 StPO, after refusing to grant relief the Regional Court is obliged to forward an immediate complaint to the competent court of complaint without delay. Forwarding it to the Prosecutor General’s Office is not provided for by law and violates procedural rules. Failure to forward it violates my fundamental right to effective legal protection (Art. 19 Abs. 4 GG) and my right to be heard (Art. 103 Abs. 1 GG).
Requests: 1. I request that the Kammergericht declare that the Regional Court of Berlin was and remains obliged to forward my immediate complaint of 26./27.08.2025 without delay. 2. Alternatively, I request that my immediate complaint be treated directly as pending before the Kammergericht and decided. 3. I request that the Kammergericht issue me a written acknowledgment of receipt with a case reference under § 37 StPO.
Annexes: Complaint of 26.08.2025 (Annex 66_F2); complaint under administrative supervision (Dienstaufsichtsbeschwerde) of 05.09.2025 (Annex 68_F2); complaint under substantive administrative supervision (Fachaufsichtsbeschwerde) of 06.09.2025 (Annex 69_F2); status inquiry of 17.09.2025 (Annex 72_F2); objection to delay of 17.09.2025 (Annex 73_F2); letter from LG Berlin of 23.09.2025 (Annex 76_F2).
Yours faithfully, Dmitry Bagrash
Commentary — assessment by Dmitry Bagrash
The application to the Kammergericht was necessary because the originating court had not forwarded my complaint. § 306 Abs. 2 StPO obliges that court to forward it within three days if it does not itself grant relief. On 31.10.2025 the Kammergericht declared this merely a “should” provision (Sollvorschrift), which enables the originating court effectively to switch off the route through the judicial instances.
Document source
Annex 77_F2 (immediate complaint — application for forwarding to the Kammergericht): Anlage_77_F2.pdf
The underlying correction order is documented under F2-106; the refusal by the Kammergericht under F2-124; the constitutional complaint based on it under F2-128.