Bank Robbery and Hostage-Taking Concurrence

The appellate court reviewed a bank robbery conviction where the lower court found true concurrence between robbery (Art. 140 StGB) and hostage-taking (Art. 185 StGB), specifically because the hostage-taking was used to force a bank teller to open a separate cash area. The court reasoned that since robbery primarily targets property in custody and personal freedom of the custodian, while hostage-taking targets the personal freedom of the hostage and the free will of the person coerced, neither offense fully encompasses the unique harm of the other; therefore, genuine concurrence exists, and the hostage-taking was not consumed by the robbery offense, as the hostage was taken to overcome the physical barrier to the cash room, not for the direct execution of the robbery itself.