Reclassification of conviction from aggravated robbery to attempt of especially aggravated robbery with concurrent offenses

The Federal Court of Justice (BGH) rejected the defendant’s revision as unfounded but, following the request of the Federal Prosecutor General, modified the conviction to attempt of especially aggravated robbery in legal concurrence with grievous bodily harm and unlawful carrying of a firearm, thereby upholding the lower court’s liability finding while correcting the specific legal characterization; the defendant bears the costs of the revision and the necessary expenses of the auxiliary plaintiff. The dispute concerned a criminal appeal against a judgment by the Regional Court of Stade, where the defendant challenged the original conviction despite the appellate court finding the revision legally insufficient. The decisive legal basis involved the correction of the sentencing elements under the doctrines of attempt, especially aggravated robbery, grievous bodily harm, and unlawful firearm possession, as applied by the BGH to align the legal qualification of the offense with the established facts.