Extension of joint and several liability for confiscation of criminal proceeds value

The Federal Court of Justice (BGH) 5th Criminal Senate dismissed the defendants' appeals as unfounded against the Landgericht Bremen judgment of 7 December 2022, with the specific modification that one defendant’s liability for the confiscation of criminal proceeds (Einziehung des Wertes von Taterträgen) was extended by €31,250 to a total of €190,600 as a joint debtor (Gesamtschuldner), in accordance with the General Public Prosecutor’s request. This decision resolved a criminal revision challenging the trial court’s sentencing and confiscation orders, affirming the lower court’s findings while adjusting the financial penalty calculation to ensure correct aggregate liability. The ruling confirms the validity of the trial judgment and determines that each appellant bears the costs of their respective legal remedy, relying on the doctrine of joint and several liability for the confiscation of the value of criminal proceeds under German criminal procedure law.