Criminal appeal review of lower court’s evidentiary reasoning where main hearing testimony on specific count was omitted from judgment.

The Federal Court of Justice (BGH) 5th Criminal Senate dismissed the appeals of the defendants as unfounded, upholding the conviction and sentence imposed by the Regional Court of Görlitz. The case involved a criminal trial where the defendants challenged the lower court's judgment, but the appellate court found no legal error to the defendants' detriment after reviewing the grounds of appeal. The court noted that although the lower court failed to specify whether the defendants had personally addressed the facts of a specific count (Tat II.1) during the main hearing—a procedural transparency issue—the clear and dense evidentiary record sufficiently justified the court's formation of conviction, rendering the omission immaterial. The defendants were ordered to bear the costs of their respective appeals.