Criminal appeal review scope: comprehensive examination under § 349(2) StPO notwithstanding prosecution’s limitation to sentencing

The defendant's appeal was dismissed as unfounded, resulting in the full confirmation of the lower court's judgment and an order that the defendant bear the costs of the proceedings and necessary expenses of the private plaintiff; the Court of Appeal (4th Criminal Division) determined that no legal error to the detriment of the defendant was found upon review. The case involved a criminal appeal challenging a judgment from the Detmold Regional Court, where the appellate court clarified that although the prosecution's office had suggested a restriction of review to the sentencing, the appeal was not procedurally limited to the legal consequences, allowing for a comprehensive examination of the entire verdict. The decision was based on Section 349(2) of the Code of Criminal Procedure (StPO), which permits the dismissal of an appeal if the post-verdict review fails to uncover any legal errors adverse to the accused, regardless of the prosecution's procedural objections regarding the scope of review.