Unlawful Drug Trafficking: Necessity of Correcting Incomplete Confiscation Orders

The Federal Court of Justice (BGH) 4th Criminal Senate dismissed the defendant's revision against a criminal judgment, upholding the conviction and the confiscation of narcotics, thereby leaving the lower court's decision in force. The case involved a review of a final judgment for unlawful drug trafficking, where the defendant challenged the ruling, and the General Federal Prosecutor had proposed a correction to the confiscation order alleging missing details. The court determined that the proposed correction was unnecessary because the required specifications were already clearly derivable from the reasons of the judgment, citing established case law on formal requirements for confiscation orders; consequently, the revision was found to be unfounded with no legal errors to the defendant's detriment, and the defendant was ordered to bear the costs of the legal remedy.