Revision dismissed for failure to establish procedural defect under § 338 No. 3 StPO

The German Federal Court of Justice (BGH) dismissed the defendant’s appeal against the judgment of the Braunschweig Regional Court of 31 May 2022, upholding the lower court’s decision and ordering the defendant to bear the costs of the appellate proceedings and the necessary expenses incurred by the joint plaintiffs. The dispute involved a challenge to the first-instance criminal judgment, with the appellant specifically contesting a violation of procedural rights regarding the composition of the court. The court held that the appeal was unfounded, explicitly ruling that the alleged breach of Section 24(2) and Section 31(1) in conjunction with Section 338 No. 3 of the Code of Criminal Procedure (StPO) was unjustified.