Reinstatement after missed revision deadline and correction of statutory miscalculation in sentencing order

The Federal Court of Criminal Justice (BGH) granted the defendant reinstatement to the previous legal situation after he missed the revision filing deadline and subsequently dismissed his appeal as unfounded, with the specific operative modification that eight months and twenty days of the aggregate custodial sentence must be served prior to the execution of the ordered security measure. The case involved a criminal revision against a regional court judgment from May 2, 2024, where the primary legal dispute concerned the procedural validity of the appeal and the material correctness of the sentencing structure. The court determined that while the initial order for the duration of pre-execution (Vorwegvollzug) was procedurally non-compliant because it was not calculated exactly according to statutory requirements, the correction did not justify overturning the rest of the judgment; the court therefore exercised its power to rectify the calculation error directly, leaving the remainder of the conviction and the security measure in force, with the defendant bearing the costs of the legal remedy.