Inadmissibility of legal appeal in criminal enforcement proceedings for lack of explicit permission under EGGVG § 29

The Federal Court of Justice (BGH) 5th Criminal Senate rejected the applicant's legal appeal as inadmissible and imposed the costs of the proceedings on the applicant, thereby upholding the lower court's decision. The dispute involved a challenge to a non-prosecution decision issued by the Kammergericht, where the applicant sought to overturn the ruling despite the absence of a specific permission for appeal in the challenged order. The decisive legal basis was Section 29(1) of the Code for the Organization of Courts (EGGVG), under which a legal appeal is inadmissible if not expressly admitted by the lower court, with silence interpreted as non-admission; the court further determined that this non-admission is fundamentally unchallengeable and that no exceptional statutory grounds for an appeal were met.