Retroactive application of security confinement under § 2 Abs. 6 StGB and ECHR interpretation

In a decision concerning the retrospective application of security confinement, the Federal Court of Criminal Justice (BGH) held that the intended ruling by the requesting 5th Criminal Senate did not contradict the Court's existing case law, effectively endorsing the 5th Senate's view that the European Convention on Human Rights, as interpreted by the European Court of Human Rights, does not contain any provision that generally precludes retrospective application under Section 2(6) of the German Criminal Code. The dispute arose from an internal consultation process where the 5th Criminal Senate inquired whether to adhere to this interpretation rather than previous opposing jurisprudence, seeking confirmation from other criminal senates. The decisive legal basis involved the interplay between the prohibition of retroactivity for aggravated measures under § 2 Abs. 6 StGB and the interpretive scope of the European Convention on Human Rights, with the court explicitly leaving open whether the Convention necessitates a restrictive interpretation of § 67d Abs. 3 Satz 1 StGB regarding the specific extent of retrospective application.