Scope of confiscation of value of criminal proceeds and modification of overlapping prior seizure orders

The Federal Court of Justice (BGH) dismissed the defendant's appeal as unfounded, thereby upholding the conviction by the Landgericht Koblenz, but modified the confiscation order to limit the seizure of value of criminal proceeds to €17,200 and annulled the maintenance of a prior €1,000 confiscation order issued by the Amtsgericht Mayen. The dispute centered on a criminal trial where the defendant challenged the appellate court's sentencing, specifically the scope of asset forfeiture, against the lower court's broader order. The decisive legal basis involved the correction of the "Einziehung" (confiscation) of the value of criminal proceeds under German criminal procedure law, where the highest court applied the General Public Prosecutor's arguments to adjust the financial penalty to reflect the actual proceeds while removing the overlapping prior judgment, leaving the defendant with the burden of the costs of the legal remedy.