Questione giuridica chiave
Whether severe arson under § 306a(1) No. 1 StGB covers a unified building used partly commercially and partly as a dwelling.
Decisione estratta
Yes. The Senate follows the view of the requesting 4th Criminal Senate and abandons its earlier contrary position.
Motivazione estratta
The Senate refers to its later case law and expressly states that it no longer adheres to the view expressed in the 19 July 2007 decision.