Correction of dispositive wording in criminal revision to reflect partial dismissal of unfounded appeal

The German Federal Court of Justice (BGH), 2nd Criminal Senate, issued a correction to a prior decision, amending the operative part to explicitly state that the "further revision is rejected," thereby confirming that the defendant’s appeal failed in part while succeeding in a limited scope. The case involved a criminal revision where the original ruling from November 8, 2023, contained an obvious drafting error that omitted the dismissal of the unsuccessful portion of the appeal, despite the substantive grounds demonstrating the partial unfounded nature of the complaint. The correction was necessitated by a clear textual oversight, aligning the decision's formula with the established legal assessment that the revision was partially unsuccessful under § 349(2) of the Code of Criminal Procedure (StPO), resulting in a final disposition where the defendant’s appeal was upheld only to the extent previously reasoned and otherwise definitively rejected.