Criminal appeal: Confiscation of criminal proceeds and joint liability under BGH corrective powers

The Federal Court of Justice (BGH) dismissed the defendant's appeal as unfounded, thereby upholding the Landgericht Erfurt's conviction, while simultaneously ordering the confiscation of €2,700 in value from criminal proceeds as the defendant is jointly liable, and assessed the costs of the legal remedy against the appellant. The case concerned a criminal appeal where the General Public Prosecutor argued that the lower court's judgment was substantively correct but legally incomplete regarding the confiscation of proceeds. The decisive legal basis involves the doctrine of joint liability for criminal proceeds and the procedural power of the supreme court to amend a judgment to include a necessary confiscation order (*Einziehung des Wertes von Taterträgen*) to ensure the complete application of criminal law, rather than sending the case back for retrial.