Revision of drug trafficking conviction: scope of statutory forfeiture for seized cannabis and proceeds from the offense

The Federal Court of Justice (BGH) dismissed the defendant's revision as unfounded, upholding the Landgericht Erfurt's conviction while modifying the operative judgment to order the forfeiture of specific quantities of cannabis (767.20 g, 998.5 g, and 4,776.06 g) and €10,500 in proceeds from the offense, thereby affirming the state's prevailing position and leaving the remainder of the lower court’s judgment in force. The dispute concerned a criminal prosecution for drug trafficking where the defendant challenged the trial court's ruling on sentencing and forfeiture. The decision rests on the substantive criminal law provisions governing the forfeiture of drug-related proceeds and contraband under German criminal procedure, confirming that the revision did not reveal any legal errors to the defendant's detriment beyond the necessary correction to the forfeiture scope.