Criminal confiscation: Specification of joint and several debtor liability in the enforcement order

The Federal Court of Justice (6th Criminal Senate) dismissed the defendant's appeal as unfounded, thereby upholding the conviction of the lower court, but supplemented the confiscation order to explicitly state that the defendant bears liability as a joint and several debtor, while ordering him to bear the costs of the appeal. The dispute concerned a criminal conviction where the defendant challenged the judgment on appeal, and the appellate court focused on the completeness of the enforcement mechanism for the confiscation (Einziehung) of criminal proceeds. The decisive legal basis was the requirement for precise specification of liability in confiscation decisions, ensuring that the joint and several debtor status of the convicted person is clearly articulated to facilitate enforcement, with the court correcting the lower court's omission under the relevant criminal procedural and substantive laws governing forfeiture.