-
» Excellent «
Forfeiture is also a measure under criminal law and serves to remove dangerous objects from circulation. Forfeiture is only permissible under certain conditions, which are presented below. Consult a lawyer for criminal law in Switzerland regarding the relevant legal measures.
For an object to be confiscated, a criminal act must have been committed. It is irrelevant whether the offender is convicted or not. Pursuant to Art. 69 para. 1 SCC no consideration is given to the criminal liability of a particular person. The object of forfeiture may be either an ‘instrumenta sceleris’ or a ‘producta sceleris’. An ‘instrumenta sceleris’ is an object that was used to commit a criminal offense. The object may have been procured specifically to commit a criminal act or it was simply used for that specific purpose. This includes weapons or burglary tools. Instrumenta sceleris also include objects that were intended to be used to commit a criminal act. These are objects that were procured or manufactured to commit a criminal act, but never went beyond the stage of preparing for the act (Art. 260bis SCC). Nevertheless, the object must still be confiscated in the case of preparatory acts that are not punishable. ‘Producta sceleris’ include objects that were produced by a punishable act. These are objects whose production, possession or placement into the market is criminal. These might include anything from forged documents or goods, illicitly recorded conversations or hard-core pornography. An attorney for criminal law in St. Gallen, Zurich or Frauenfeld can help you with the distinction between instrumenta and producta sceleris. Objects can only be confiscated if they represent a danger to the safety of people, public order or public morality. In addition, the interference with the rights of the person concerned must be necessary and appropriate in order to conduct a security confiscation.
The court can order the confiscated objects to be rendered unusable or destroyed (Art. 69 para. 1 SCC). If the very existence, production or possession of the objects is prohibited, they may be destroyed. They may be rendered unusable if the confiscated objects are dangerous by nature. Furthermore, the object may be used for the benefit of the injured party by awarding them the proceeds (Art. 73 SCC). Our attorneys for criminal law in Frauenfeld, Zurich or St. Gallen will be happy to explain the legal consequences of a confiscation in further depth.
The court may also forfeit assets (Art. 70 para. 1 SCC). The object of confiscation might be a pecuniary advantage (e.g. securities, credit balances, company shares, etc.). These assets must have been obtained through a criminal act or must have been intended to induce (e.g. by instigation) or reward a criminal act. Lawyers and attorneys for criminal law in Zurich, St. Gallen or Frauenfeld can clarify whether an asset or object was involved.
If a third party has acquired the assets in ignorance of the grounds for confiscation and has paid a consideration of equal value for them, confiscation is excluded (Art. 70 para. 2 SCC).
In the event that the assets subject to confiscation are no longer available, the court may uphold a claim for compensation by the State in respect of a sum of equivalent value (Art. 71 para. 1 SCC). A claim for compensation may also be made against a third party, unless this is excluded under Art. 70 para. 2 SCC.