Interest on adhesion damages in criminal proceedings and allocation of appeal costs

The Federal Court of Justice (BGH) 5th Criminal Senate dismissed the defendant’s appeal as unfounded, though it corrected the judgment to include interest on the €9,319.38 damages awarded to the civil plaintiff in the adhesion proceedings, accruing from December 31, 2022, and ordered the defendant to bear the costs of the appeal, special adhesion costs, and the plaintiff’s necessary expenses. The dispute concerned the validity of the Leipzig Regional Court’s January 27, 2023, criminal judgment and the associated adhesion claim, where the prosecution successfully sought a minor adjustment to the monetary terms despite the conviction remaining intact. The court’s decision rests on the principles governing adhesion proceedings in criminal cases and the statutory obligation to award interest on deferred civil claims, specifically addressing the calculation period for interest following the finalization of the adhesion claim.