Criminal revision: rejection of appeal due to lack of legal error and exclusion of § 64 StGB measure from scope of review

The Federal Court of Justice (4th Criminal Senate) dismissed the defendant's appeal as unfounded, leaving the lower court's judgment in force, and ordered the defendant to bear the costs of the legal remedy. The dispute concerned a criminal conviction where the defendant challenged the judgment but had effectively excluded from his appeal the lower court's decision to refrain from ordering detention in a detoxification facility under § 64 StGB. The court held that no legal error to the defendant's detriment was found upon review pursuant to § 349 Abs. 2 StPO, thereby upholding the acquittal from detention measures despite a contrary request by the Public Prosecutor General, which was deemed resolved due to the defendant's procedural exclusions.