Criminal revision admissibility: timeliness of filing based on dispatch records rather than General Federal Prosecutor's auxiliary application

The Federal Court of Justice (5th Criminal Senate) dismissed the defendant’s appeal as unfounded, upholding the Landgericht Berlin’s judgment of October 31, 2023, and ordered the defendant to bear the costs of the legal remedy. Although the General Federal Prosecutor had initially argued the appeal was inadmissible, the court corrected this view, finding the appeal procedurally valid because the defense’s formal revision justification was filed within the statutory deadline pursuant to § 345 Abs. 1 Satz 1 StPO, as confirmed by dispatch and examination records. Consequently, the court rejected the General Federal Prosecutor’s auxiliary request for dismissal on procedural grounds and instead resolved the merits of the case, determining that the appellate review revealed no legal error to the defendant’s detriment.