Forfeiture of criminal proceeds correction in dismissed revision

The German Federal Court of Criminal Justice (BGH) dismissed the appeals of the defendants against a judgment by the Berlin Regional Court of 4 December 2023, upholding the original conviction with the specific addition that forfeiture of criminal proceeds amounting to €1,750 is ordered against one defendant; consequently, the lower court’s decision stands in force, subject to this clarification, and the defendants bear the costs of their respective appeals. The dispute involved criminal proceedings where the defendants challenged the trial court's judgment via revision, primarily raising legal errors that the appellate court found unsubstantiated. The decision is grounded in the procedural provisions for reviewing criminal revisions and the substantive norms governing the confiscation of criminal gains (*Einziehung*), where the appellate court identified no errors to the defendants' detriment other than the omission to properly apply the forfeiture provisions, which it corrected sua sponte upon the General Federal Prosecutor's request.