Court of Appeal rejects my appeal on points of law: an unsigned sentence plan is no defect

24.09.2026 · übersandt 28.09.2026

By order of 24 September 2026 (5 Ws 165/26), sent to me on 28 September 2026, the Kammergericht (5th Criminal Senate) rejected as inadmissible my appeal on points of law against the order of the Regional Court Berlin I of 31 July 2026 (595 StVK 68/26 Vollz). It concerned my admission to open prison and to leave under the sentence plan of JVA Moabit of 17 April 2026. I bear the costs; the decision is final.

The Senate holds that the fact that the sentence plan “is not signed and does not reveal the names of the persons responsible for it” is not a formal defect; the law only requires written form. The prison was entitled to rely on my conduct: my focus lies “strongly on a ‘fight for justice’ and on non-acceptance” of my conviction; I reject offence work. My objection that my public documentation is protected by Article 5 of the Basic Law failed on the pleading requirements of § 118(2) StVollzG – written without a lawyer, for the record of the court clerk. Signed by, among others, Dr. Oppermann and Schlimm. My assessment: whoever denies the offence is deemed unsuitable – and the plan that decides this needs no name. The new plan of 26 October 2026 copies the prognosis word for word (Anlage 266_F2). The assessments are mine.