Confiscation of criminal proceeds: reissuance of value-based confiscation order in place of preserved lower-court ruling

The Federal Court of Justice (6th Criminal Senate) dismissed the defendant's revision as unfounded, upholding the Landgericht Nürnberg-Fürth judgment of October 17, 2022, but modified the confiscation order based on the General Federal Prosecutor's petition, replacing the preservation of the prior Amtsgericht Erlangen decision with a specific order to confiscate 56,838.90 EUR as the value of criminal proceeds; the defendant bore the costs of the legal remedy. The dispute involved a criminal revision challenging a lower court's conviction and subsequent confiscation rulings, where the appellate court corrected the legal basis for the financial penalty to ensure the correct application of statutory confiscation of the value of proceeds rather than a mere preservation of a prior administrative or juvenile court order. The decisive legal basis rests on the provisions governing the confiscation of the value of criminal proceeds (Wert von Taterträgen) and the procedural authority of the higher court to issue clarifying or new confiscation declarations to align the final judgment with statutory requirements.