Conflict between criminal judgment and prior penalty order regarding continued confiscation of seized items

The Federal Court of Justice (5th Criminal Senate) dismissed the defendant's appeal as unfounded, with the exception that the lower court's order to maintain the confiscation of a driver's license and a truncheon previously issued by a penalty order was struck out, leaving the remaining convictions and sentences of the Berlin Regional Court in force. The dispute concerned a criminal appeal challenging the lower court's decision to uphold the continued execution of a prior penalty order for the seizure of these specific items alongside the new judgment. The court applied the principle that a final appeal decision must not duplicate the effects of a previously executed penalty order, requiring the deletion of the surplus confiscation clause to align the operative part of the judgment with the valid legal state.