Mistreatment of protected persons: conviction requires finding of two cases committed in ideal concurrence (Tateinheit)

The Federal Court of Justice (BGH) 6th Criminal Senate rejected the defendant's appeal as unfounded, upholding the Landgericht Göttingen’s conviction with a modified finding of guilt, and ordered the defendant to bear the costs of the appellate proceedings and necessary expenses of the co-prosecutors. The case involved a criminal revision challenging a conviction for the mistreatment of those in one's care, where the appellate court determined the appropriate legal characterization of the conduct. The decisive legal basis centered on the doctrine of *Tateinheit* (ideal concurrence), under which the defendant’s actions were deemed to constitute the offense of mistreating protected persons in two cases that were tateinheitlich (committed in a single act), rather than separate or different offenses.