Inadmissibility of extending confiscation reversal to non-appealing co-defendant under § 357 StPO due to procedural limitation

The Federal Court of Justice (6th Criminal Senate) dismissed the defendant’s appeal as unfounded, upholding the Landgericht Potsdam’s judgment of June 27, 2022, while concurrently ordering that no confiscation of criminal proceeds be imposed; the defendant was ordered to bear the costs of the legal remedy. The case involved a criminal conviction where the prosecution sought an extension of the reversal to a non-appealing co-defendant, but the court determined that such an extension under § 357 StPO was inadmissible because the alteration of the confiscation order was based on a procedural limitation specific to the appellant’s instance. The decisive legal basis for the procedural ruling relied on § 357 StPO and established case law (referencing BGH 1 StR 416/12), which precludes extending procedural relief or modifications resulting from specific procedural restrictions to parties who did not file the appeal.