Criminal robbery conviction: narrowing of charges to exclude ancillary offenses via reformation of sentence

The Federal Court of Justice (BGH) dismissed the defendant's appeal as unfounded, with the operative outcome being that the defendant is convicted solely of robbery under Case No. II.2 of the judgment reasons, while the Lower Regional Court of Berlin’s original sentencing and other findings remain in force; the defendant is ordered to bear the costs of the legal remedy. The dispute involved a criminal appeal challenging the legal qualification of the acts in the judgment of December 20, 2023, specifically addressing whether additional charges alongside robbery were legally sustainable. The decisive legal basis relies on the principle of res judicata and the specific statutory definition of robbery, where the court determined that the revision revealed no legal error to the defendant's detriment other than the necessity to restrict the conviction strictly to the offense of robbery as advocated by the General Public Prosecutor.