Correction of extended confiscation of criminal proceeds value to statutory limit

The Federal Court of Justice’s Sixth Criminal Senate dismissed the defendant's revision as unfounded, leaving the Landgericht Potsdam’s conviction intact, but modified the confiscation order to mandate extended confiscation of the value of criminal proceeds in the amount of 80,000 euros, with the defendant ordered to bear the costs of the appellate proceedings. The dispute involved a challenge to a criminal judgment regarding the procedural correctness and sufficiency of the original confiscation decree, specifically concerning the calculation and scope of extended confiscation (erweiterte Einziehung) for value of criminal profits. The court’s decision was grounded in the legal standards governing extended confiscation under German criminal procedure law, specifically adjusting the monetary order to reflect the permissible limit for confiscating the value of assets derived from the offense, thereby ensuring the final judgment accurately imposed the statutory financial penalty while upholding the substantive criminal conviction.