Criminal revision: sufficiency of statutory review to uphold a lower court’s criminal judgment

The Federal Court of Justice (BGH) 5th Criminal Senate dismissed the defendant's appeal as unfounded, affirming the judgment of the Berlin Regional Court dated June 21, 2024, which remains in full force; the appellant was ordered to bear the costs of the legal proceedings. The dispute concerned the defendant's challenge to the lower court’s criminal verdict through a revision appeal, asserting that the judgment contained legal errors to his detriment, but the appellate review found no such defects affecting the outcome. The decision relied on the standard of review for criminal revisions, where the senate verifies whether the lower court’s application of law resulted in a disadvantageous error, concluding that the prior judgment was legally sound and required no correction.