Robbery Completion Despite Abandonment of Partial Proceeds

The court addressed whether a robbery was completed when a portion of the stolen money, though seized and placed in a bag by the perpetrator, was accidentally left behind inside the bank. The lower court deemed this an attempted robbery because the perpetrator had not fully established new possession outside the bank's sphere of control. However, the appellate court, aligning with the prevailing legal opinion and viewing the Federal Court's tendency to favor the apprehension theory, ruled that the robbery was complete; the court reasoned that the perpetrator had achieved actual control over the bagged money and possessed the immediate ability to carry it away ("Wegschaffungsmöglichkeit"), thereby breaking the bank's custody and fulfilling the taking element required for completed robbery under the relevant statute, despite the subsequent accidental abandonment.