Reinstatement into former position after lapse of revision justification deadline and subsequent substantive dismissal of criminal appeal

The Federal Court of Justice (BGH) granted the defendant relief from the missed deadline to justify his appeal, rendering the lower court's subsequent dismissal of the appeal as inadmissible moot, and then dismissed the appeal as unfounded, resulting in the final upholding of the Hamburg Regional Court's September 2022 criminal judgment and an order for the defendant to bear the costs of the appellate proceedings. The dispute concerned the procedural status of a criminal appeal where the defendant failed to file the mandatory justification within the statutory limit, leading the Regional Court to declare the appeal inadmissible, a ruling the defendant challenged by seeking reinstatement into his former procedural position. The court applied the doctrine of reinstatement in the former position (*Wiedereinsetzung in den vorigen Stand*) to restore the defendant's standing to appeal and conducted a substantive review under the applicable criminal procedure codes, finding no legal error to the defendant's detriment in the original conviction.