Conflict of case law between Criminal Senates on pending procedural authority

The 3rd Criminal Senate of the Federal Court of Justice ruled that its established case law does not stand in the way of a decision intended by the 5th Criminal Senate, thereby clearing the procedural path for the 5th Senate to rule in the manner it planned. The dispute arose from a disagreement regarding criminal legal standards between two different criminal senates of the court, where the 5th Senate sought clarification on whether conflicting jurisprudence from the 3rd Senate would preclude its intended decision. The decisive legal basis is the internal consistency and hierarchy of case law within the German Federal Court of Justice, specifically the assessment that no binding prohibition or contradiction exists between the two senates' interpretations, allowing the 5th Senate to proceed without a preliminary reference to a larger bench or legislative intervention.