Failure to examine attempted homicide charge in arson case does not constitute reversible error to defendant's detriment

The Federal Court of Justice (BGH) 5th Criminal Senate dismissed the defendant's appeal as unfounded, upholding the Landgericht Bremen's judgment of May 23, 2024, and ordering the defendant to bear the costs of the appellate proceedings and the necessary expenses of the counterparty. The dispute concerned a criminal conviction where the appellate review found no legal error to the defendant's detriment; specifically, the court noted that the lower court's failure to examine a separate attempted homicide charge against sleeping residents in connection with a heavy arson offense did not constitute a violation of law adverse to the defendant. The decision rests on the principle that a reversal of a criminal judgment is only granted if the appellate review identifies a legal error resulting in a disadvantage to the defendant, a condition which was not met in this instance.