Admissibility of procedural objections in criminal revision despite missing trial record; ex officio knowledge under § 274 StPO

The Federal Court of Justice (BGH) Sixth Criminal Senate dismissed the defendant's appeal as unfounded, leaving the judgment of the Brunswick Regional Court in force and ordering the defendant to bear the costs of the appeal. The case involved a criminal proceeding where the defendant challenged the lower court's decision, with the appellate court specifically addressing the admissibility of procedural objections despite the failure to submit the trial record. In its ruling, the court clarified that the absence of the main hearing protocol did not render the procedural complaints inadmissible, as the appellate court was statutorily required to take official knowledge of the record ex officio under Section 274 of the Code of Criminal Procedure (StPO) for evidentiary purposes.