Confiscation of criminal proceeds value in modified criminal conviction

The Federal Court of Justice rejected the defendant's revision as unfounded, upholding the underlying criminal conviction from the Berlin Regional Court, but modified the operative judgment by ordering the confiscation of the value of criminal proceeds amounting to €159,144 based on the prosecution's submission. The dispute concerned a criminal appeal challenging the initial verdict, with the specific legal issue focusing on the scope and necessity of asset forfeiture under the doctrine of confiscating criminal proceeds. The decisive legal basis lies in the court's authority to modify the dispositive portion of a judgment to align with statutory requirements for the seizure of illicit gains, resulting in the imposition of the costs of the appeal on the appellant.