Conviction for aiding and abetting robbery: validity of aggravating sentencing factor under § 46 Abs. 3 StGB

The Federal Court of Justice (5th Criminal Senate) dismissed the defendant's revision as unfounded, upholding the judgment of the Berlin Regional Court dated January 9, 2024, which convicted the defendant of aiding and abetting robbery; the defendant is ordered to bear the costs of the appellate proceedings and the necessary expenses of the auxiliary plaintiff. The dispute centered on the defendant's criminal liability for assistance in a jointly committed robbery and the appropriateness of the sentencing, specifically challenging the trial court's aggravating assessment that the defendant had immediately and without hesitation agreed to assist in the planned crime. The appellate court found no legal errors to the defendant's disadvantage, explicitly noting under § 46 Abs. 3 StGB that while the trial court's wording regarding the defendant's immediate commitment might have been questionable in a stricter sentencing context, this error did not affect the outcome given the very mild sentence imposed, rendering a lower sentence impossible.