Inadmissibility of criminal appeal where intermediate court did not explicitly grant leave for Rechtsbeschwerde

The German Federal Court of Justice (BGH) dismissed the applicant’s appeal (Rechtsbeschwerde) as inadmissible and ruled that the costs of the appeal procedure are to be borne by the appellant. The dispute concerned a criminal procedure where the applicant challenged a decision by the Kammergericht, which had not explicitly permitted the appeal. The court held that because the appellate court did not expressly allow the Rechtsbeschwerde, and no separate legal remedy existed to contest that non-acceptance, the appeal was procedurally barred. This ruling confirms the strict procedural requirement under German criminal procedure law that an appeal to the highest court in matters not subject to mandatory appeal rights requires prior express permission by the intermediate appellate court.