Correction of Confiscation Amount in Criminal Judgment Without Full Reversal

The Federal Court of Justice (BGH) 5th Criminal Senate rejected the defendant's appeal against the Hamburg Regional Court's judgment dated June 30, 2023, ruling that no legal errors to the defendant's detriment were found, but modified the decision by reducing the confiscation amount from €14,532.27 to €14,273.75 in accordance with the General Public Prosecutor's request, leaving the underlying conviction in force and ordering the defendant to bear the costs of the appeal. The dispute centered on the calculation and enforcement of confiscation (Einziehung) in a criminal proceeding, where the final operative outcome affirmed the substantive criminal liability but adjusted the financial penalty based on procedural corrections to the value of the confiscated assets or proceeds. The decisive legal basis involves the statutory framework for criminal confiscation and the appellate review standards for correcting specific amounts within a criminal judgment without requiring a full retrial.