Rejection of revision for lack of legal error regarding subjective intent assessment under § 213 Alt. 1 StGB

The German Federal Court of Criminal Justice (BGH) dismissed the appeals filed by the defendant and the auxiliary plaintiffs against the Mönchengladbach Regional Court’s judgment of November 28, 2022, finding no legal error that would prejudice or benefit the defendant, thereby upholding the lower court’s decision and ordering each appealing party to bear their own litigation costs. The dispute concerned a criminal conviction involving the legal assessment of subjective intent under § 213 Alt. 1 StGB, where the appellate court specifically noted that the trial court had adequately considered the defendant’s subjective mental state within the overall context of the judgment. The decisive legal basis for the rejection of the appeals was § 349 Abs. 2 StPO, which governs the dismissal of revisions that do not reveal a material legal error upon review.