Dismissal of criminal revision regarding the concurrent effect of a final conviction judgment on a prior confiscation order issued by penal order

The Federal Court of Justice (BGH) dismissed the defendant's appeal as unfounded, upholding the conviction from the Regional Court of Verden, while simultaneously ordering the removal of a concurrent confiscation decision based on a prior penal order from the Local Court of Diepholz, as detailed in the General Public Prosecutor's motion; consequently, the defendant bears the costs of the appeal and the necessary expenses of the counterparty. The case involved a criminal appeal challenging the trial court's judgment, where the appellate court reviewed the validity of the conviction and the admissibility of maintaining a separate confiscation order from a prior procedure. The decisive legal basis centered on the procedural rules governing the revision of criminal judgments and the substantive grounds for extinguishing or merging confiscation orders when overlapping with a final criminal judgment, resulting in the affirmation of the original sentence subject to the specific correction of the confiscation status.