Correction of total custodial sentence in criminal revision despite dismissed appeal

The Federal Court of Justice (BGH) rejected the defendant’s appeal as unfounded, thereby upholding the criminal conviction and findings of the lower court, but ordered a reduction of the total custodial sentence to two years and nine months based on the reasons provided by the Public Prosecutor General. The dispute involved a challenge to the sentencing phase of a criminal judgment originally rendered by the Regional Court of Braunschweig in December 2023, where the defendant sought to overturn the imposed penalty. The decisive legal basis for the operative outcome was the appellate court’s review of the sentencing discretion and the correction of the total sentence calculation, resulting in the defendant bearing the costs of the legal recourse while the modified sentence takes effect.