Documented
Akin
Kammergericht Berlin (Berlin Higher Regional Court), 3rd Criminal Senate
The letter of the 3rd Criminal Senate dated 17.02.2025 bears the name Akin alongside the presiding judge’s signature; the document does not specify the role. No personal allegation is made here against the named signatory; only the documented episode is recorded.
1Returned instead of forwarded
My application for an interim order and my application for a declaratory ruling dated 03.02.2025 (received on 05.02.2025) were not decided. The Senate declared that it lacked jurisdiction under the allocation of business and returned the documents to me instead of forwarding them to the competent body.
§ 17a Abs. 2 GVG · § 34 StPO · Art. 19 Abs. 4 GG
Significance: Forwarding preserves the time limit; returning the documents allows it to expire — and for a prisoner, the way back leads through the court registry, to which I was denied access. Chronology No. 28 · 3rd Criminal Senate
Alternative hypothesisA Senate that considers itself to lack jurisdiction may have thought it sufficient to leave the sender to forward the documents, instead of investigating where the matter belonged itself.
What is missingAn indication of where I should apply instead. § 17a Abs. 2 GVG provides for referral to the competent court in this situation, not merely the return of the documents.
Sources: Annex 26_F2 · Case 2 chronology, No. 28. This page presents Dmitry Bagrash’s account and legal assessment and distinguishes between documented episodes and information provided by the person concerned.