Questione giuridica chiave
When do the forfeiture consequences under § 136 Abs. 5 StPO begin in objection proceedings after a duly summoned accused fails to appear?
Decisione estratta
The objection is not deemed withdrawn immediately at the scheduled time. The forfeiture consequences arise only after a half-hour waiting period has elapsed; if the accused appears within that period, the court may still consider imposing a fine under § 26 Abs. 2 StPO.
Motivazione estratta
§ 136 Abs. 5 StPO means that the accused must be entirely absent before the objection can be treated as withdrawn. Since the provision does not specify the waiting time, the court analogously applies the half-hour forfeiture period expressly used for appeal and cassation proceedings and generally in civil proceedings.