Narcotics import concurrence: Merger of independent import offenses with band-style trafficking via aiding and abetting

The Federal Court of Justice (5th Criminal Senate) dismissed the defendant's appeal as unfounded, upholding the Berlin Regional Court's judgment and ordering the defendant to bear the costs of the legal proceedings. The dispute concerned criminal charges related to the import of narcotics in a non-quantities context, specifically challenging the lower court's rejection of the classification of band-style import and the assumed merger of separate import offenses through aiding and abetting band-style drug trafficking. The decisive legal basis involved the rules on legal concurrence (Konkurrenzen) under the Narcotics Act (BtMG), where the Senate clarified that neither the denial of band-style import nor the merger of independent import acts via the aid of band-style trading resulted in a legal error disadvantageous to the defendant.