Criminal revision for false or misleading pleadings in alternative objection under § 349 Abs. 2 StPO

The Federal Court of Justice dismissed the defendant's revision as unfounded, upholding the judgment of the Landgericht Kleve dated October 17, 2022, and ordered the appellant to bear the costs of the legal remedy. The case involved a criminal proceeding in which the defendant challenged the lower court's conviction, raising an alternative procedural objection in the revision. The Court determined that the review of the judgment based on the revision's justification revealed no legal error to the defendant's detriment, thereby rejecting the appeal. The decision was grounded in § 349 Abs. 2 of the Code of Criminal Procedure (StPO), which governs the dismissal of revisions when no disadvantageous legal errors are identified during the appellate review.