Criminal revision and validity of maintaining district court confiscation order on appeal

The Federal Court of Justice (BGH) rejected the revisions of all defendants, upholding the convictions and sentencing handed down by the Berlin Regional Court, but modified the order concerning one defendant by deleting the specific provision for the continued confiscation of criminal proceeds that had been upheld from a prior district court judgment. The dispute centered on criminal appeals challenging a lower court's final judgment, where the defendants argued against the findings of guilt and the ancillary order regarding the retention of asset confiscation. The decisive legal basis involved the review of substantive criminal law and procedural grounds for appeal, with the BGH affirming the Regional Court's decision as legally sound, except where it ruled that the appellate court lacked the authority or grounds to independently reaffirm the district court's confiscation order in the appellate proceedings, necessitating its removal from the final judgment.