Criminal sentencing: Review of appeal against dismissal and consideration of unblemished criminal record in sentencing range selection

The Federal Court of Justice (BGH) Fifth Criminal Senate dismissed the defendant's appeal as unfounded, upholding the conviction and sentence imposed by the Hamburg Regional Court on April 3, 2025, and ordering the defendant to bear the costs of the appellate proceedings. The dispute concerned a criminal appeal challenging the lower court’s judgment, with the appellate court finding no legal error to the defendant’s detriment during its review of the decision. In a supplementary remark, the Senate clarified that the trial court had properly accounted for the defendant’s unblemished criminal record at the time of the offense when selecting the sentencing range, thereby affirming the material facts and procedural outcome of the original trial.