Confiscation of criminal proceeds value: joint and several liability clarification

The Federal Court of Justice (BGH) rejected the defendant’s appeal as unfounded, thereby upholding the original conviction by the Landgericht Stade, while modifying the confiscation order to explicitly stipulate that the defendant is liable as a joint and several debtor for the confiscation of the value of criminal proceeds; the appellate court imposed the costs of the legal proceedings on the appellant. The dispute concerned a criminal appeal challenging a lower court judgment, specifically focusing on the procedural and substantive aspects of the asset confiscation measure. The decisive legal basis for the court's order involves the statutory provisions governing the enforcement of confiscation of the value of criminal proceeds (Wertersatz für Taterträge) and the doctrine of joint and several liability among perpetrators or principals, ensuring that the financial recovery of illicit gains remains enforceable against the individual defendant despite the rejection of the broader appeal.