Intent to maintain dependency in human trafficking convictions: standard of review for appellate scrutiny of evidentiary findings under § 180a(1) StGB

The Federal Court of Justice (BGH) Fifth Criminal Senate dismissed the defendants' appeals against the Dresden Regional Court’s conviction of 9 February 2023, upholding the lower court's judgment and ordering each appellant to bear the costs of their own proceedings and the necessary expenses incurred by the co-plaintiff. The case involved charges of human trafficking for the purpose of exploitation, with the appeals challenging the lower court's finding that the defendants acted with the requisite intent regarding the maintenance of the victims in a state of dependency under § 180a(1) of the German Criminal Code. The appellate court held that the appeals were unfounded, confirming that the first instance’s evaluation of the "total circumstances" and reliance on victim testimony established the required mens rea without legal error, thereby affirming the convictions under the strict standard of review applicable to evidentiary assessments.