Dismissal of criminal revision; significance of rejected police witness testimony

The Federal Court of Justice (BGH) 5th Criminal Senate rejected the defendant's appeal, leaving the Landgericht Berlin's judgment of 6 July 2023 in force and ordering the defendant to bear the costs of the legal remedy. The dispute involved a criminal conviction where the defendant challenged the first-instance court's procedural handling, specifically the rejection of a motion to hear a police officer as a witness. The court determined that no legal errors to the defendant's detriment emerged from the re-examination of the decision; in an additional remark, it affirmed that the lower court had correctly dismissed the witness request as immaterial. The decisive legal basis relies on the standards for criminal appeals under German law, where the revision is dismissed if the review based on the appeal's justification does not reveal any error in law affecting the defendant's legal position, and the procedural ruling on the admissibility of witness evidence is upheld when deemed insignificant to the outcome.