Hostage-taking charges and victim-offender reconciliation: failure to discuss § 239b StGB and erroneous § 46a StGB application insufficient to overturn conviction

The Federal Court of Justice (BGH) 5th Criminal Senate dismissed the defendant's appeal as unfounded, upholding the Hamburg Regional Court's verdict of 14 October 2024 and ordering the defendant to bear the costs of the appeal and the necessary expenses of the counterparty. The dispute concerned a criminal prosecution where the defendant challenged the lower court's procedural handling, specifically regarding an alleged victim-offender reconciliation and the classification of the offense. The court ruled that the erroneous assumption of a valid victim-offender reconciliation under § 46a StGB and the failure to discuss a potential conviction for hostage-taking under § 239b StGB did not result in a legal error to the defendant's detriment, thereby leaving the original conviction in force.