Unconsidered alternative representative liability and fraud charges do not prejudice defendant in criminal revision

The Federal Court of Justice (BGH) dismissed the defendant's appeal as unfounded, thereby upholding the lower court's conviction and ordering the defendant to bear the costs of the legal proceedings. The dispute arose from a criminal trial at the Meiningen Regional Court, where the defendant challenged the judgment without identifying a legal error to his detriment. Although the appellate review noted that the trial court had not explicitly considered representative liability or alternative charges under § 306b Abs. 2 Nr. 2 StGB (arson-related offenses) and § 263 Abs. 3 Nr. 5 StGB (aggravated fraud) committed through indirect perpetration, the BGH determined that the omission did not prejudice the defendant. The final operative outcome confirms the original conviction stands, with the key legal basis for the dismissal being the absence of a material legal error under the grounds for revision.