Correction of criminal proceeds forfeiture scope to include additional joint liability for unforfeited illicit gains

The BGH Third Criminal Senate dismissed the defendant’s revision as unfounded, upholding the Landgericht Kleve’s conviction, but modified the forfeiture order to additionally mandate the forfeiture of 700 EUR of criminal proceeds as a joint debtor, alongside the previously ordered 200 EUR, while the defendant bears the costs of the appeal. The dispute centered on a criminal appeal challenging the first-instance judgment regarding the forfeiture of proceeds obtained through criminal activity. The decisive legal basis involved the correction of the *Einziehung* (forfeiture of criminal proceeds) under German criminal law, specifically adjusting the scope of liability for proceeds not yet fully captured in the original ruling to ensure complete confiscation of illicit gains.