Reclassification of concurrent charges for narcotics possession in non-quantities and aiding abetting in trafficking

The German Federal Court of Criminal Justice (BGH) dismissed the defendant's appeal as unfounded, upholding the conviction of the Landgericht Berlin, while modifying the specific legal characterization of the offenses to include possession of narcotics in non-small quantities in concurrence with aiding and abetting narcotics trafficking in non-small quantities, as well as possession and distribution of cannabis and aiding and abetting cannabis trafficking, thereby leaving the original sentence and conviction in force; the case involved a criminal prosecution for drug-related offenses where the defendant challenged the lower court's ruling, specifically addressing the procedural correctness of the charges; the decisive legal basis centered on the doctrines of legal concurrence (Tateinheit) and the specific statutory requirements for narcotics possession and trafficking in non-small quantities under German criminal law, as clarified by the General Public Prosecutor's request to align the operative part of the judgment with the correct substantive charges.