Classification of aiding and abetting professional gang fraud and document forgery in a criminal revision

The Federal Court of Justice dismissed the defendant's revision as unfounded, upholding the Berlin Regional Court's conviction with specific clarifications: the defendant is guilty of nine counts of aiding and abetting professional gang fraud and one count of aiding and abetting attempted professional gang fraud, each in concurrence with aiding and abetting professional and gang document forgery, and an order for the confiscation of 1,350 euros remains in force. The dispute concerned the legal characterization of the defendant's involvement in organized fraud schemes and the validity of the lower court's judgment regarding the charges and sentencing. The decisive legal basis involves the provisions on aiding and abetting professional gang fraud and document forgery, along with the rules on confiscation of proceeds, as applied by the 5th Criminal Senate to confirm the substantive elements of guilt and the appropriateness of the penalty.