The work describes the case law of the Federal Court of Justice regarding the application of Section 63 of the Criminal Code in cases of illness-related errors. Contrary to the rules applied in sentencing regarding the treatment of a perpetrator's errors, the Federal Court of Justice holds the thesis that specifically illness-related errors should not be taken into account in favor of the perpetrator under Section 63 of the Criminal Code. The application of this norm is justified by criminological considerations. The author points out that the doctrine advocated by the Federal Court of Justice regarding the irrelevance of specific illness-related errors contradicts the recognized principles of general criminal theory in the area of error theory. In a chapter on empirical studies regarding the assumed increased danger posed by mentally ill offenders, the assumption is addressed that those affected are more dangerous compared to mentally healthy offenders.