Confiscation of electric shock devices and suspected narcotics: omission of seizure orders for listed items

The Federal Court of Justice (5th Criminal Senate) dismissed the defendant's revision in part, ordering that the confiscation of six specific items—including an electrical impulse device, five quantities of suspected narcotic substances, and 46 packages of Promethazine—be omitted from the judgment of the Hamburg Regional Court dated February 27, 2023, while rejecting the remainder of the appeal as no other legal errors to the defendant’s detriment were found. The dispute centered on a criminal conviction involving the possession of controlled substances and related equipment, where the defendant challenged the statutory confiscation (Einziehung) of these tangible assets. The decisive legal basis involved the application of criminal confiscation norms, resulting in a partial remand for the omission of seizure orders for the enumerated items, with the defendant ordered to bear the costs of the legal remedy.