Criminal revision: Effect of partial deletion of charges on the validity of the remaining conviction and sentence.

The Federal Court of Justice (BGH) 5th Criminal Senate dismissed the defendant's revision as unfounded, upholding the Landgericht Kiel's verdict of September 22, 2023, but ordered the deletion of the guilt finding and individual sentence regarding Charge 2 (improper use of emergency aid) as requested by the Federal Public Prosecutor; the defendant is liable for the costs of the legal remedy. The dispute concerned a criminal appeal challenging a lower court conviction where the appellate review focused on the validity of the additional charge of misuse of emergency assistance, while the original conviction for other offenses remained in force. The decisive legal basis was the BGH's determination that the revision did not reveal any legal error to the defendant's detriment regarding the remaining counts, coupled with the procedural necessity to exclude the second charge from the final judgment to align with the prosecution's limited scope of challenge, thereby resolving the case without altering the principal criminal liability established by the first instance.