BGH limits confiscation of criminal proceeds to verified amount in revised appellate judgment

The Federal Court of Justice (5th Criminal Senate) dismissed the defendant's appeal but modified the lower court’s judgment by reducing the order for the confiscation of the value of criminal proceeds to 39,890 Euros, thereby upholding the Landgericht Flensburg's conviction and sentence with this specific adjustment to the accessory penalties. The dispute concerned a criminal appeal challenging the scope of confiscation under German criminal law, specifically the legal limit for seizing the value of illicit gains derived from the underlying offense. The decisive legal basis was the statutory provision governing the confiscation of the value of criminal proceeds (*Einziehung des Wertes von Taterträgen*), which the higher court interpreted to limit the recoverable amount to the verified proceeds, resulting in the partial remand of the forfeiture order while the remainder of the criminal conviction stood.