Norm control under § 184b StGB: procedural dismissal following withdrawal of reference application by referring court

The Federal Constitutional Court (Second Senate) ordered the dismissal of the constitutional complaint, resulting in a procedural win for the respondent. The dispute concerned a reference for constitutional review filed by a lower court to challenge the validity of § 184b of the German Criminal Code. The proceedings were terminated upon the applicant court's withdrawal of its initial reference application. The decisive legal basis was the procedural doctrine that a constitutional complaint or review proceeding must be dismissed if the applicant withdraws the application, rendering the underlying legal question moot for constitutional adjudication.