Ordering of forfeiture for value of criminal proceeds as joint debt

The Federal Court of Justice (BGH), 5th Criminal Division, dismissed the defendant's appeal as unfounded but amended the judgment of the Berlin Regional Court by ordering the forfeiture of 18,590 EUR as the value of proceeds from criminal conduct, with the defendant designated as a joint debtor and bearing the costs of the appeal. The dispute concerned the adequacy of the original sentencing's forfeiture provisions regarding the proceeds of crime, challenging the extent to which specific financial gains should be subject to confiscation under German criminal law. The decisive legal basis involved the application of statutory forfeiture regimes concerning the value of Taterträge (criminal proceeds), specifically addressing the joint liability for the quantified proceeds amount to ensure complete legal recovery of illicit gains.