BGH: Confiscation of 700 € from criminal proceeds in money-laundering case on appeal; scope and joint liability of asset forfeiture under German Criminal Code

The Federal Court of Justice (3rd Criminal Senate) dismissed the defendant's revision as unfounded, upholding the lower court's conviction and sentence, but modified the confiscation order based on the General Public Prosecutor's request to confiscate 700 € of proceeds from the offense as a joint and several liability. The case involved an appeal against a judgment by the Landgericht Kleve (Outlying Criminal Chamber in Moers) from May 25, 2022, where the primary legal issue addressed was the proper scope and calculation of the confiscation of value from criminal proceeds under German criminal law. The decision confirms that while the main judgment stands, the specific financial penalty regarding asset confiscation was adjusted to strictly align with the identified value of the illicit gains.