Criminal revision: Dismissal where trial court’s failure to find § 224(1) no. 5 StGB qualification did not disadvantage the defendant

The Federal Court of Justice (6th Criminal Senate) dismissed the defendant's appeal against the verdict of the Regional Court of Neubrandenburg dated March 2, 2023, thereby upholding the lower court's conviction and order, with the defendant ordered to bear the costs of the appeal and necessary expenses of the auxiliary party. The case involved a criminal appeal challenging the classification of the offense, specifically the omission by the trial court to establish the aggravating qualification under § 224 para. 1 no. 5 StGB. The Senate held that the failure to find this specific qualifying element did not disadvantage the defendant, thereby rejecting the appeal as unfounded on that ground.