Key legal question
Whether Art. 73 StGB allows victim allocation when civil claims were referred to civil proceedings
Extracted holding
No. Allocation under Art. 73 StGB presupposes a final award or settlement of damages or satisfaction; where no subsidiary adjudication of the civil claims was possible in the criminal case, the courts could not allocate seized assets to the victim.
Extracted reasoning
Art. 73 StGB requires a legally binding award or settlement of the civil claim. Because the criminal courts referred the claims to the civil route for lack of substantiation, they lacked a basis to order victim allocation of confiscated assets or substitute claims.