Key legal question
Whether the prohibition of reformatio in peius under § 165 StPO also limits the appellate court when reallocating first-instance costs.
Extracted holding
Yes. If only the accused appeals and there is no cross-appeal by the public prosecutor, the appellate court may not place the appellants in a worse position regarding costs than the first-instance judgment did.
Extracted reasoning
A change increasing the costs to be borne by the convicted person is a concrete disadvantage. The prohibition therefore covers not only the sentence but also the cost allocation, the amount of costs, and any state compensation.