Confiscation of offensive weapon in criminal revision: waiver of seizure order despite dismissal of appeal

The Federal Court of Justice (6th Criminal Senate) dismissed the defendant's appeal as unfounded, upholding the conviction from the Landgericht Dessau-Roßlau, but ordered that the confiscation of the knife (exhibit 1.3) be waived; the defendant is liable for the costs of the appeal and the necessary expenses of the civil claimant. The case concerned a criminal prosecution where the defendant challenged the trial court's judgment, specifically regarding the disposition of the weapon used in the offense. The court ruled on the procedural rejection of the appeal for lack of merit while modifying the ancillary order of forfeiture, indicating that the legal basis for the mandatory or discretionary seizure of the instrumentality was not applied to the extent of a full confiscation order in the final judgment.