Criminal Adhesion Procedure: Cost Allocation for Successful Adhesion Plaintiff in Unsuccessful Criminal Revision

The Federal Court of Criminal Justice (5th Criminal Senate) dismissed the defendant’s appeal and the subsequent complaint against the costs decision, thereby upholding the lower court’s conviction and sentence from the Lübeck Regional Court of March 22, 2023. The dispute involved a criminal prosecution where the defendant challenged the verdict, but the appellate review found no legal error to the defendant’s detriment. The court ordered the defendant to bear the costs of the legal remedies, special costs arising from the adhering claim procedure, and the necessary outlays of the ancillary and adhering plaintiff. The decisive legal basis was the determination that the appealed judgment complied with statutory requirements, rendering the appeal unfounded and the costs allocation lawful.