Attempted burglary classification: objectively failed attempt versus voluntary withdrawal

The Federal Court of Justice (BGH) dismissed the defendant's appeal as unfounded, leaving the Hamburg Regional Court’s conviction in force and ordering the defendant to bear the costs of the appellate proceedings. The case involved a criminal prosecution for attempted burglary, where the defendant challenged the lower court’s findings without successfully demonstrating any legal error to his detriment. In an ancillary remark, the appellate court clarified that the first instance had objectively assessed the attempt as failed due to external hindrances preventing completion, rather than relying on the defendant's voluntary withdrawal as the primary basis for the sentencing. The decisive legal basis is the standard of review under German criminal procedure, which requires the appellate court to find a specific legal error disadvantageous to the accused to overturn a judgment, distinguishing between objectively failed attempts and voluntary withdrawal.