Precautionary transmission to the Kammergericht Berlin because of possible non-submission by the Landgericht Berlin I
On 02.03.2026, as a precaution, I contacted the Kammergericht Berlin (Berlin Higher Regional Court) by fax in its capacity as the court hearing appeals on points of law (Rechtsbeschwerde), and sent a copy of my appeal on points of law and the application for leave (§ 116 StVollzG). I requested written confirmation of receipt and information on whether the appeal proceedings were already before it, including the case reference where applicable. If the Landgericht Berlin I (Berlin Regional Court I) had not yet submitted the matter, I requested that the file be called for or that appropriate procedural directions be given so that the file and the appeal would be submitted immediately and no gap in judicial protection would arise. (Annex 97_F2)
Annex 97_F2
To the Kammergericht Berlin, Criminal Senate in its capacity as the court hearing appeals on points of law, Elßholzstraße 30-33, 10781 Berlin (fax: 030 9015-2200). Großbeeren, 02.03.2026. Subject: Precautionary transmission: appeal on points of law and application for leave to bring the appeal (§ 116 StVollzG), LG Berlin I, case reference 599 StVK 215/25 Vollz, order of 10.12.2025 — request for confirmation of receipt, a case reference and examination of the status of submission or forwarding.
Dear Sir or Madam, as a precaution I am contacting the Kammergericht as the competent court hearing appeals on points of law. On 13.01.2026 I lodged an appeal on points of law against the Landgericht Berlin I order of 10.12.2025 by having it recorded at the registry of Amtsgericht Zossen (Zossen Local Court), and at the same time applied for leave to bring the appeal (§ 116 StVollzG). The appeal was addressed to the Landgericht Berlin I and submitted with a request for forwarding to the Kammergericht. To date I have received neither a Kammergericht case reference nor information on whether the Landgericht Berlin I has submitted the matter.
I therefore request: 1. Written confirmation of receipt of this letter and the enclosed copies, and information on whether the appeal proceedings are already before you; if so, the case reference. 2. If the matter has not yet been submitted, that the file be called for from the Landgericht Berlin I or that appropriate procedural directions be given so that the file and the appeal are submitted immediately and no gap in judicial protection arises. 3. In the alternative, information on what further steps the Kammergericht considers necessary.
I submit that a failure to submit or forward the matter and a lack of information on the status of the proceedings impair effective judicial protection (Art. 19 Abs. 4 GG) in practice.
Yours faithfully, Dmitry Bagrash
Annexes (for fax): 1. Annex 95_F2 — record of AG Zossen of 13.01.2026 (case reference 131 AR 1/26), including the appeal on points of law and the application for leave to bring the appeal (copy); 2. Copy of the fax letter to the Landgericht Berlin I (status inquiry + formal objection to delay).
Commentary — assessment by Dmitry Bagrash
Precautionary transmission directly to the Kammergericht follows from the previous year: in 2025 my complaint had not been submitted, and the Kammergericht had described the duty to submit it as a provision allowing exceptions (Sollvorschrift). Anyone who has had this experience secures the second route themselves.
Document provenance
Annex 97_F2 (precautionary transmission to the Kammergericht Berlin): Anlage 97_F2.pdf / Anlage 97_F2.docx
For the related letter to LG Berlin I of the same date, see F2-134 (Annex 96_F2); both letters were enclosed again with the escalation of 30.03.2026, see F2-138.