Sentencing correction for narcotics trafficking in non-considerable amounts: aggregate penalty calculation and reformation of conviction

The Federal Court of Justice (BGH) rejected the defendant's appeal and modified the Landgericht Wuppertal’s judgment, sentencing the defendant to a total custodial sentence of five and six months for trafficking in controlled substances in non-considerable amounts in four instances, with the defendant bearing the costs of the appeal. The dispute concerned the conviction for drug trafficking, where the General Federal Public Prosecutor requested a correction to the original judgment to reflect the correct legal qualification and sentencing structure. The decisive legal basis is the German Criminal Code provisions regarding trafficking in narcotics in non-considerable amounts, with the court affirming the underlying conviction while adjusting the final penalty calculation and case count to align with the findings in the appellate review.