Valuation of criminal proceeds for confiscation: correction of drug trafficking proceeds calculation

The BGH 6th Criminal Senate dismissed the defendant's appeal against a conviction for drug trafficking, upholding the Landgericht Hannover's judgment from October 19, 2022, while modifying the confiscation order to set the value of the criminal proceeds at 50,500 Euro, with the defendant liable as a joint and several debtor for 25,250 Euro. The dispute centered on the correct calculation of the financial gains derived from the illegal importation of cocaine, specifically whether the proceeds from a 3-kilogram shipment co-trafficked with an separately prosecuted accomplice should be valued at 1,500 or 2,000 Euro. Applying the standard for confiscating the value of criminal proceeds under German criminal law, the court determined that the lower valuation of 1,500 Euro was correct, necessitating a 500 Euro reduction to the total confiscation amount originally ordered by the trial court.