Confiscation of the value of criminal proceeds and joint and several liability without individual identification of co-debtors

The Federal Court of Justice (BGH) rejected the defendant's appeal as unfounded but corrected the lower court's judgment to explicitly order the confiscation of the value of criminal proceeds totaling €20,936.86, including a joint and several liability share of €15,646.28, thereby partially reversing the conviction's ancillary orders in favor of the prosecution's application. The dispute concerned a criminal conviction for drug offenses, specifically addressing the procedural requirement to formally confiscate the monetary gains derived from the illegal activities. The decisive legal basis was the necessity to properly record the confiscation of the value of criminal proceeds under German criminal law, applying the doctrine that the individual identification of all joint debtors is not strictly required for the validity of the joint and several liability order.