Key legal question
Whether the prosecution is entitled to file a cross-appeal when it is only burdened by the criminal judgment, not by the victim's appeal
Extracted holding
No. A cross-appeal requires that the party be burdened by the appeal itself; being burdened only by the judgment is insufficient.
Extracted reasoning
The court distinguished between being burdened by the appealed judgment and being burdened by the appeal under § 177 and § 183(1) StPO. The purpose of a cross-appeal is not to strengthen an existing appeal but to obtain party status in the appellate proceedings when the main appeal may prejudice the party's interests. The prosecution could have appealed the judgment itself, but the victim's appeal did not create standing for a cross-appeal.