Revised conviction for grievous bodily harm sustaining security detention order despite voluntary withdrawal

The Federal Court of Justice (5th Criminal Senate) dismissed the accused’s appeal as unfounded, confirming the Hamburg Regional Court’s conviction and upholding the lower court’s judgment. The case concerned a criminal prosecution in which the accused challenged the sentencing, specifically questioning the legal assessment of voluntary withdrawal (Rücktritt) from the offense. The court held that no legal error to the accused’s detriment was found upon review; specifically, it clarified that the legal classification of the remaining conduct as grievous bodily harm justifies the imposition of a security detention order, regardless of the withdrawal analysis. The accused was ordered to bear the costs of the appeal and the necessary expenses of the victim ( Nebenkläger ).