Correction of confiscation decree to specify joint and several liability of multiple defendants for criminal proceeds

The Sixth Criminal Senate of the Federal Court of Justice (BGH) upheld the lower court’s judgment in its entirety except for a procedural correction regarding the confiscation of criminal proceeds. The Court amended the confiscation order to explicitly designate the defendants as joint and several debtors, assigning specific liability shares of 700 Euro to the primary defendant, 450 Euro to co-defendant B, and 200 Euro to co-defendant Ay. The primary defendant’s revision was otherwise dismissed as unfounded, and he was ordered to bear the costs of the legal proceeding. The dispute concerned the technical formulation of the confiscation decree under German criminal law, specifically the requirement to name all liable parties as joint debtors (*Gesamtschuldner*) when multiple individuals are responsible for the value of criminal proceeds, ensuring the enforceability of the financial sanction against each party according to their individual share.