Rejection of statutory connection for mitigating sentence under BtMG § 31 despite distancing from criminal environment

The Federal Court of Justice dismissed the defendant's appeal as unfounded, upholding the lower court's judgment and ordering the defendant to bear the costs of the appellate proceedings. The dispute concerned a criminal trial in which the defendant challenged the sentencing authorities' refusal to apply the mitigation provisions for a connection between his cooperation with the authorities and the charged offenses under § 31 Sentence 1 No. 1 of the Narcotics Control Act (BtMG), and his complaint regarding the lack of credit for his distancing from his criminal environment. The court determined that no legal error to the defendant's detriment existed, affirming that the lower court correctly rejected the statutory connection requirement while noting that the trial court had already factored the defendant's demonstrated distancing from his criminal peers into the specific sentencing calculation to his advantage.