Conflict between evidentiary rejection and factual finding: whether error under § 244 Abs. 3 Satz 3 Nr. 6 StPO renders conviction reversible

The German Federal Court of Criminal Justice (5th Senate) dismissed the defendant's appeal as unfounded, upholding the Landgericht Hamburg's conviction from December 12, 2025, and ordering the defendant to bear the costs of the legal remedy. The dispute centered on a procedural objection (procedureal appeal) alleging that the lower court committed a judicial error by relying on the fact that the victim's finger injury resulted from the offense, despite having previously rejected the defendant's request for specific evidence to prove the contrary through a declaration of truthfulness. The Court held that while the lower court's reasoning initially appeared to violate Section 244 Paragraph 3 Sentence 3 Number 6 of the Code of Criminal Procedure by contradicting its earlier evidentiary ruling, the final judgment did not rest on that erroneous consideration; therefore, no legal error to the detriment of the defendant was established, rendering the appeal unsuccessful under Section 337 Paragraph 1 of the Code of Criminal Procedure.