Scope of EGGVG appealability: exclusion of non-decisional superior court correspondence from judicial review

The Bundesgerichtshof (5th Criminal Senate) dismissed the criminal appeal (Rechtsbeschwerde) as inadmissible at the appellant's expense, leaving the challenged decision of the regional higher court in force. The dispute concerned the procedural validity of a letter issued by the regional higher court in response to applications filed under the Act on the Participation of Witnesses and Experts in Criminal Proceedings (EGGVG). The court held that the appealed document did not constitute a final decision by the regional higher court within the meaning of Section 28 EGGVG regarding the applicant's claims under Sections 23 et seq. EGGVG, and therefore was not subject to appeal under Section 29(1) EGGVG; consequently, an application for leave to appeal was also deemed inadmissible.