Scope of the judicial duty to advise on the possibility of confiscation in cases involving joint disposal rights of co-offenders

The Bundesgerichtshof (2nd Criminal Senate) confirmed in a decision that the intended ruling of the 5th Criminal Senate does not conflict with existing precedent, thereby upholding the legal framework regarding the scope of judicial duties. The dispute concerned whether a general obligation exists for courts to inform parties of the possibility of confiscation (Einziehung) and, specifically, whether such a warning is required in cases involving the joint disposal authority of multiple offenders. The court held that Section 265 of the Code of Criminal Procedure (StPO) does not establish a universal duty to issue such hints in all confiscation cases; however, it determined that a warning under the principle of legal hearing may be mandatory in specific scenarios, such as when issues of shared disposal rights among co-offenders arise.