Inadmissibility of criminal revision for lack of legal interest following provisional discontinuation of proceedings

The Federal Court of Justice (4th Criminal Senate) dismissed the defendant’s appeal as inadmissible, ordering the appellant to bear the costs of the legal remedy and the necessary expenses incurred by the accused during the appellate proceedings. The dispute concerned a criminal appeal against a trial court judgment where the lower court had provisionally discontinued proceedings regarding a specific offense at the defendant's request; the defendant had also challenged the trial court's earlier refusal to grant them the status of a joint prosecutor. The appellate court held the appeal inadmissible due to a lack of legal interest in contesting the judgment, as the relevant matter was no longer subject to the contested ruling following the provisional discontinuation, and further noted that as a prospective joint prosecutor, the appellant would have been required to accept the procedural discontinuation regardless, rendering a separate examination of the conditions for joining as a joint prosecutor unnecessary. The decision rests on §§ 154 para. 2, 395 para. 3, and 400 para. 2 Sentence 2 of the Code of Criminal Procedure.