Criminal appeal dismissed for lack of legal error; prosecutorial conduct and costs allocation in federal criminal review

1. Final operative outcome: The Federal Court of Justice (5th Criminal Senate) dismissed the defendant’s appeal as unfounded, rejecting it because the review based on the appeal’s justification revealed no legal error to the defendant’s detriment; consequently, the defendant must bear the costs of the legal remedy. 2. Dispute and material facts: The case involved a criminal appeal against a judgment by the Regional Court of Kiel dated August 24, 2022, where the defendant challenged the first-instance decision, notably raising extensive objections regarding alleged statements made by the prosecution’s session representative in connection with a request for disqualification (recusal). 3. Decisive legal basis: The decision was based on the general standard for appellate review in criminal proceedings, where an appeal is rejected if no legal error disadvantaging the defendant is found. The court additionally noted, in an advisory remark, that a counter-explanation from the prosecution under § 347 Abs. 1 Satz 3 StPO (Code of Criminal Procedure) would have been appropriate given the extensive objections regarding the prosecutor’s conduct and the alleged bias.