Severe arson at a mixed-use building: Classification of unified facilities serving both commercial and residential purposes

The Federal Court of Justice (BGH) Second Criminal Senate joined the view of the Fourth Criminal Senate in a binding legal referral decision, effectively abandoning the prior legal position articulated in its 2007 ruling. The case concerned the classification of severe arson (schwere Brandstiftung) committed against a single, unified building utilized for both commercial and residential purposes. The decisive legal issue was the interpretation of the statutory elements regarding protected property, requiring the court to determine whether arson at a mixed-use facility qualified as severe arson under German criminal law. By aligning with the Fourth Senate, the Second Senate established the operative legal standard for such mixed-use structures, superseding its earlier divergent opinion.