Confiscation of criminal proceeds: discretionary waiver of €15,000 value of illicit gains

The Federal Court of Justice (5th Criminal Senate) dismissed the defendant's appeal as unfounded, upholding the lower court's conviction, but modified the sentence by abolishing the confiscation of €15,000 in proceeds of crime with the consent of the Federal Public Prosecutor. The dispute concerned a criminal appeal where the defendant challenged the original judgment of the Regional Court of Berlin, specifically targeting the ancillary confiscation order. While the appellate review found no legal error to the defendant's detriment regarding the primary conviction, the court applied the doctrine of discretionary waiver (*Entsagung*) for confiscation proceedings, determining that the strict enforcement of the specific monetary amount was no longer necessary, thereby reducing the financial burden on the defendant while maintaining the remainder of the original judgment.