Maintenance of confiscation order from prior judgment in criminal appeal

The Federal Court of Justice (5th Criminal Senate) rejected the defendant's appeal as unfounded, with the specific modification that the decision maintaining the confiscation order from a prior district court judgment was deleted, leaving the lower court's conviction in force while removing the ancillary financial penalty. The dispute concerned a criminal appeal against a Berlin Regional Court judgment, where the defendant challenged the appellate court's affirmation of the initial lower-instance verdict and its associated confiscation measures. The decisive legal basis involved the procedural handling of appeal outcomes and the correction of erroneous ancillary orders, specifically the deletion of the confiscation sustainment order based on the General Public Prosecutor's motion, as the court found no grounds to overturn the substantive conviction but required the removal of the specific procedural error regarding the prior confiscation decision.