Recalculation of confiscation amount for criminal proceeds in revision

The Federal Court of Justice (5th Criminal Senate) dismissed the defendant's appeal as unfounded but modified the lower court's judgment by reducing the order for the confiscation of criminal proceeds from the original amount to €113,100, thereby upholding the underlying conviction while adjusting the financial sanction; the defendant is ordered to bear the costs of the appellate proceedings. This decision arose from a criminal appeal against a judgment by the Regional Court of Kiel concerning the withdrawal of value from criminal gains (Einziehung des Wertes von Taterträgen). The decisive legal basis involved the review of the legality and proportionality of the confiscation order under German criminal procedure law, where the appellate court determined that the initial confiscation amount exceeded the legally permissible limit or was otherwise erroneous, necessitating a specific reduction to €113,100 while leaving the rest of the verdict intact.