Mootness of criminal appeal withdrawal following prior partial dismissal

The Federal Court of Justice’s First Criminal Senate ruled that the defendant’s withdrawal of his appeal was moot and ineffective, leaving the prior partial dismissal of the appeal in force and rendering the original criminal judgment final. The dispute concerned a criminal appeal filed against a decision of the regional court, where the defendant attempted to withdraw his revision after the appellate court had already issued a partial dismissal on the basis of manifest inadmissibility. The decisive legal basis was Section 349(2) and (4) of the Code of Criminal Procedure, which permits a partial dismissal of an appeal and, crucially, establishes that such a decision is unalterable because it immediately brings about the legal force of the challenged judgment, thereby precluding any subsequent withdrawal of the appeal.