Criminal Revision: Dismissal of Appeal Against Conviction and Probation Order Without Prior Remedial Decision

The German Federal Court of Justice (BGH), 5th Criminal Senate, dismissed the defendant's appeal as unfounded, leaving the Landgericht Kiel's judgment of December 12, 2024, in force and ordering the defendant to bear the costs of the legal remedy and the necessary expenses incurred by the counterparty. The dispute concerned a criminal conviction and a related *Bewährungsbeschluss* (probation order), where the defendant challenged the lower court's ruling. The court held that the appeal failed to demonstrate any legal error to the defendant's detriment during its review. In a supplementary remark, the court noted it was not competent to review the defendant's complaint against the probation order pursuant to § 305a Abs. 2 StPO, as the Landgericht had failed to issue a remedial decision (*Abhilfeentscheidung*), thereby preventing the BGH from exercising its jurisdiction over that specific matter.