Clarification of joint and several liability share in order for forfeiture of value of criminal proceeds

The Federal Court of Justice (BGH) rejected the defendant's revision as unfounded, upholding the Bonn Regional Court's criminal conviction while amending the judgment to specify that the defendant bears joint and several liability for 17,433.00 € of the total 32,883.00 € forfeiture order regarding the value of proceeds from criminal offenses. The dispute concerned the precise formulation of the accessory penalty for the recovery of criminal gains, where the defendant challenged the lower court's decision on the scope of liability for the forfeited amount. The decisive legal basis is the requirement under German criminal procedure law that forfeiture orders for the value of criminal proceeds must clearly delineate the extent of joint and several liability among multiple defendants to ensure enforceability, leading the appellate court to correct the operative part of the judgment to explicitly state the defendant's individual share of the joint debt without altering the underlying substantive conviction.