Conviction for severe sexual abuse of children and rape; scope of appellate review and costs allocation under § 473 Abs. 1 StPO

The Federal Court of Justice (BGH) 6th Criminal Senate dismissed the defendant's appeal as unfounded, upholding the Landgericht Hannover's conviction with a modified finding of guilt for three counts of severe sexual abuse of children in concurrence with rape and sexual abuse of a ward, and six counts of sexual abuse of children in concurrence with sexual compulsion and sexual abuse of a ward. The defendant bears the costs of the appeal and the necessary expenses incurred by the victim representatives during the appellate proceedings. The case involved a criminal revision challenging the lower court’s judgment regarding multiple offenses of sexual exploitation involving minors and persons in a protective relationship, where the appellate court confirmed the liability based on the combined statutory provisions for severe sexual abuse of children (§ 176 StGB), rape (§ 177 StGB), sexual abuse of a ward (§ 174 StGB), sexual abuse of children, and sexual compulsion.